Medicare Set-Aside Allocation

The federal Medicare Secondary Payer (MSP) statute and regulations apply to many settlements involving both workers’ compensation claims and general liability claims where liability for future medical treatment is not accepted by an insurer.

The statutes require that a reasonable portion of a settlement be allocated towards future medical expenses.

The federal government has tasked the Centers for Medicare and Medical Services (CMS) with reviewing settlements to insure compliance with its review criteria. In many instances, Medicare Set-Aside arrangements (MSA’s) must be submitted for review by CMS in order to avoid future liability by the insurer to Medicare and to protect the claimant’s future Medicare benefits.

TKCK can help clients navigate through this complex and ever changing process.

We have partnered with various other firms and entities to provide the necessary support and advice that will allow our clients to understand their obligations and requirements under this area of law, and to help formulate effective settlement agreements in a timely and cost-effective manner.