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enactment of the Affordable Care Act, there are now options open to disabled people to obtain healthcare coverage that did not exist just a few years ago.  

Therefore, it is wise to determine how Medicare’s interests may affect your settlement before you choose a course of action. In addition, if an MSA is necessary, there are a variety of ways to fund the MSA account.  We can assist the parties to the litigation on the optimal ways to fund the MSA, minimizing outlay of funds and limiting liability of the parties involved.

However, in the past few years, the Centers for Medicare and Medicaid Services (CMS), has issued information that indicates that now 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, review the care plan as well as consult with experts from around the country to determine the best ways to “consider” Medicare’s interests while reducing out of pocket future medical costs for the injured person.  With the recent 

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.

Medicare set asides