When a settlement includes proceeds for future medical expenses, plaintiff attorneys must be sure to take Medicare’s future interest into consideration.
When a settlement includes proceeds for future medical expenses, plaintiff attorneys must be sure to take Medicare’s future interest into consideration. In cases where the workers’ compensation carrier is settling, that usually means establishing a Medicare Set-Aside (MSA) account. Conversely, in Liability cases, a “Medicare Set-Aside” report is never required.
Plaintiff counsel have the duty to:
- Adequately consider Medicare’s future interest.
- Appropriately document the file that they have done so.
S3 is a pioneer in the area of considering Medicare’s future interest, and we analyze all 360* of a case to ascertain how to best do so.
If you choose to consider an MSA in a liability setting our team will help you determine whether it is appropriate to fund a set-aside and will provide thorough documentation for your file by taking the following actions:.
- Evaluate the file to confirm a MSA is needed
- Review medical records, and if a Workers’ Compensation MSA is needed, the Workers’ Compensation payout history to make an independent determination of future, Medicare-allowable treatment and prescriptions.
- Revise and update the report one time at no extra charge.*
- If a WC MSA submit it to CMS for review and approval.
- Guide claimants on administration and funding of the MSA account.
*update must be completed within 6 months of original report
Please contact us to discuss considering Medicare’s future interest in your liability case.
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