What You Need To Know About Medicare Set Asides If You Are On Medicare
In cases where the Defendants have offered to settle your case by way of Compromise and Release, the settlement typically includes all issues including the right to future medical treatment. It the settlement documents are approved by a judge, you will not be able to get any additional medical care from the workers’ compensation insurance company.
Medicare is concerned that they might be required to pay for medical costs as a result of your work related injury. Medicare now requires that we consider their interests when it comes to any Compromise and Release settlement. In order to protect your settlement from Medicare, we request the Defendants perform a ” Medicare Set Aside” (MSA). The MSA process can take up to six months or more. Basically, Medicare tells the Defendants how much money they need to have included in your settlement for medical treatment.
In making decisions about the settlement of your case and Medicare, it is important that you keep in mind that Medicare will not pay for any medical treatment until you can prove that you have spent what they think your workers’ compensation medical care will cost. Medicare has the right to recover as much as twice the amount of the MSA, plus interest and more. There is no statute of limitations for Medicare to demand recovery.
Make sure you speak to your attorney about the relationship between Medicare and your settlement before your case settles.