Medicare Set-Asides

Set-aside Arrangements (MSAs)

LRG Settlement Advisors works with its affiliates at TLRG to provide fast MSA allocation reports and other methods to help protect Medicare’s future interest.  Not all cases require an MSA and many cases that do require a very small amount to protect you and your client.

Workers Compensation:   All parties in a Workers Compensation case have significant responsibilities under the Medicare Secondary Payer (MSP) laws to protect Medicare’s interests when resolving WC cases that include future medical expenses. The recommended method to protect Medicare’s interests is a Workers’ Compensation is a Medicare Set-aside Arrangement (MSA), which allocates a portion of the WC settlement for future medical expenses. The amount of the set aside is determined on a case-by-case basis and should be reviewed by CMS, when appropriate. Once the CMS determined set aside amount is exhausted and accurately accounted for to CMS, Medicare will agree to pay primary for future Medicare covered expenses related to the WC injury.

In liability cases there is an obligation to protect Medicare’s future interest but no guidance has been released as to how to do this.  Many feel following the Workers Compensation Model or a modified version of an MSA is the safest way to protect future benefits.