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Newly Proposed Medicare Set-Aside Reporting Requirements in Liability Cases

  • Precision
  • June 7th, 2013

Changes are forthcoming in the law for Medicare Set-Asides (MSAs) in liability cases. Just what those changes are have not been determined as of yet.      

Recently, Advanced Notice of Proposed Rulemaking has been promulgated by CMS for public comment. There are seven (7) proposed options as to how Medicare beneficiaries and their attorneys can meet their obligations to protect Medicare's interest when future medical care is claimed or the settlement, judgment, award, or other payment releases (or has the effect of releasing) claims for future medical care. 
 
Options "1" through "4" apply to both Medicare beneficiaries and those with the "reasonable expectation" of becoming a Medicare beneficiary. Options "5" through "7" apply only to Medicare beneficiaries.  

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