Diamond~Massong

Medicare Liability Set-Asides: Mischief in the Making?

In the May 2019 issue of Trial News, Maria Diamond outlines the genesis of set-asides in the Medicare Secondary Payer Act (MSP), which preclude Medicare from paying for any medical care that has been paid or can reasonably be expected to be paid under a workers’ compensation law or plan; an automobile or liability insurance policy or plan (including a self-insured); or no-fault insurance. A Medicare set-aside (MSA) is neither a legal creation nor a requirement, but rather the settlement industry’s brainchild for MSP compliance. In the article, Maria outlines the current state of affairs in liability cases and offers a checklist for handling settlements or recoveries.

To read the entire article in Trial News, click on this link: http://www.trialnewsonline.org/trialnews/may_2019/MobilePagedArticle.action?articleId=1487135&ap p=false#articleId1487135

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