Medicare Set-Asides
MSAs and Reversionary Interests
Workers Compensation attorneys know the biggest trend in MSAs has little to do with the MSA itself. That trend, of course, is the reversionary interest that says unused funds will revert to the insurance carrier’s control if the claimant/plaintiff passes away. So what does Medicare think of reversionary interests? Nothing. Medicare has no…
Read MoreMASSIVE’s Ryan Weiner Speaking at the MSA Roundtable during KTLA’s Workers Compensation Section
Ryan Weiner, COO of MASSIVE, will be presenting at the Medicare Set-Asides Roundtable on Friday, December 10, 2021, from 2:30 – 3:30 p.m. (CST). Key content to be discussed at the Medicare Set-Asides Roundtable includes: The Do’s and Don’ts of MSAs and EBMSAs How to protect the Client on a MSA Proposal 30-minute Q & A Session Attendees must register and be a member of the KTLA Workers Compensation Section.
Read MoreDon’t Miss Ryan Weiner Tomorrow at the 2021 WILG SE Regional Conference!
Please join MASSIVE’s Chief Operating Officer, Ryan Weiner, tomorrow at the 2021 WILG Spring Conference. If you haven’t registered yet, do so here to join Ryan tomorrow at 8:30am CT as he takes a look at the complex process of Medicare Set-Asides and the ways to uncover hidden settlement dollars!
Read MoreMedicare Set-Aside Basics
Medicare Set-Asides (or “MSAs”) don’t exist under the law. Nevertheless, nearly all Workers’ Compensation cases, and a growing number of Liability cases, consider whether an MSA is needed. If MSAs don’t exist under the law, why do I need one? MSAs come from the Medicare Secondary Payer Act. 42 U.S.C. § 1395y(b)(2) and § 1862(b)(2)(A)(ii) of…
Read MoreLien Resolution & MSP Compliance CLE *register today*
Join us tomorrow as we partner with Ametros & WILG to learn* about solutions in claims resolution, MSP compliance, and professional administration. *CLE Credit available in selected states. Topics will include: • New Requirements in Medicare Consent to Release Forms: Beginning on April 1, 2020, the Centers for Medicare & Medicaid Services (CMS) will require…
Read MoreLiability Medicare Set-Aside Requirements
The General “Requirements” of an LMSA: A Technical Review Medicare Set-Asides (“MSA”) cannot exist without Medicare’s right to reimbursement first being stated in the law. Those rights arise from the Medicare Secondary Payer Statute, 42 U.S.C. § 1395y(b)(2) (“MSP”) and 42 C.F.R. 411 et. seq. Then we must note that, MSP regulations and Centers for…
Read MoreMedicare Set-Asides in California
California Applicant Attorneys Can Petition for Reimbursement for Costs Associated with Medicare Set-Asides (MSA). Specific language regarding reimbursement of an Medicare Set-Asides is found under Petition of Costs in Section 10545 (formerly section 10451.3): (a) Petition for costs is a petition seeking reimbursement of an expense or payment for service not allowable as a lien…
Read MoreMedicare to Pay for Acupuncture to Lower Opioid Use
CMS announced a coverage determination that will allow Medicare to pay for acupuncture that treats chronic low back pain. This new coverage is highly consequential in the legal industry as the stated purpose is to expand options that reduce opioid use. Opioids just so happen to be a major expense in Medicare Set-Asides (MSAs). Health…
Read MoreTrostle v. Centers for Medicare and Medicaid Services: Part III
Trostle v. Medicare Part III This is the third and final part in our case study on Trostle v. Centers for Medicare and Medicaid Services. We initially explained the underlying lawsuit, Medicare’s lien, and Mr. Trostle’s attempts to fight the lien arguing detrimental reliance in Part I. Then, we dove into the more recent case…
Read MoreTrostle v. Centers for Medicare and Medicaid Services: Part II
Trostle v. Medicare: Part II Previously, we wrote about and analyzed Trostle v. Centers for Medicare and Medicaid Services. Following dismissal for lack of jurisdiction, this Medicare lien litigation continued with a counter-suit by the United States government. Part II of our case study will explore errors made that caused the government to react with…
Read More