Practice Areas

Medicare Set-Aside

The increasing cost of health care and limitations on the availability of private employer sponsored health care insurance has resulted in the federal government assuming an ever increasing financial burden in paying for medical services to aging and disabled individuals. With passage of the Medicare Secondary Payer Act, all parties settling workers’ compensation (including the Longshore and Harbor Workers’ Compensation Act claims), general liability and no-fault automobile claims are required to protect Medicare’s past and future interests. Protection of Medicare’s interests may include consideration of a Medicare Set-Aside Trust or "Medicare Set-Asides," and settlement of Medicare conditional payments.

In order to meet the demands of the Centers for Medicare and Medicaid Services (CMS) under the Medicare Secondary Payer Act, our firm has established a Medicare Set-Aside Practice Group. This practice group is dedicated to advising and counseling clients regarding settlements and protecting Medicare’s past and future interests through the use of Medicare Set-Asides and conditional payment settlement. Practice group members include experienced Medicare Set-Aside Consultants-Certified (MSCC) and a registered nurse, who all have experience in the preparation of comprehensive medical allocations and Medicare Set-Aside analysis. We also have experience in submitting Medicare Set-Asides to CMS for their approval, as well as meeting regularly with CMS officials on the every changing world of Medicare Set-Asides and conditional payments.

Our experienced Medicare Set-Aside consultants take a team approach in seeking creative solutions to complex problems created by the Medicare Secondary Payer Act and Medicare Set-Asides. As a result, we currently serve a number of diverse clients, including third-party administrators, insurance companies and private law firms. Our group members also frequently present on the Medicare Secondary Payer Act and Medicare Set-Asides at various legal conferences and seminars across the country.