If your client is a Medicare recipient, he/she is required by law to protect Medicare’s futures interests when resolving his/her personal injury claim. Failure to do so will cause Medicare to deny benefits to your client, leaving him/her to pay for necessary medical treatment out of pocket. According to the Centers for Medicare and Medicaid Services (CMS), the best way to do this is to establish a Medicare Set-Aside (MSA).
We evaluate and determine the need for an MSA by reviewing your client’s medical records and identifying his/her future medical needs. We then recommend an appropriate MSA allocation and submit it to CMS for approval. If appropriate, we also administer the MSA by facilitating the payment of appropriate medical bills from its funds, thereby ensuring your client’s continued compliance with the Medicare Secondary Payer Act. In turn, this protects you from any potential liability for your client’s lack of compliance.