Medicare Set Asides

The Medicare Secondary Payor Act has always required the determination of a “set aside” of some amount of funds related to paying for future care of an injured worker.

However, in the past few years, the Centers for Medicare and Medicaid Services (CMS), has indicated that parties involved in a liability suit (i.e. personal injury, medical malpractice, etc.) must “consider” Medicare’s interests. While there are a variety of interpretations as to what is required at this time, it is important for all parties to a liability action to mitigate their risk for future Medicare denials of coverage for the plaintiff. We take a comprehensive review of the situation to determine the best way to reduce out of pocket medical costs.