Newman Settlement Services Group provides in house fee based fast MSA allocation reports and other methods to help protect Medicare’s future interest. Not all cases require an MSA and many cases that do require a very small amount to protect you and the claimant.
Workers Compensation: All parties in a Workers Compensation case have significant responsibilities under the Medicare Secondary Payer (MSP) laws to protect Medicare’s interests when resolving WC cases that include future medical expenses. The recommended method to protect Medicare’s interests is the Medicare Set-aside Arrangement (MSA), which allocates a portion of the WC settlement for future medical expenses that Medicare would have provided. The amount of the set aside is determined on a case-by-case basis and should be reviewed by CMS, when appropriate. Once the MSA amount is exhausted, Medicare is then obligated to pay for future Medicare covered expenses related to the WC injury.
Currently there is no requirement to create a MSA for non-Workers Comp related accidents/injuries. Medicare has yet to issue any rules , process or guidance. However, Attorneys are still obligated to consider Medicare post settlement. Although not required, the MSA is still the preferred vehicle for considering Medicare post settlement.
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