Medicare 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 against compensation under Labor Code section 4903.  A petition for costs may be filed only by:

(1) an employee or dependent of a deceased employee; and

(2) a defendant; or

(3) An interpreter for services other than those rendered at a medical treatment appointment or medical-legal examination…

(c) A petition for costs filed by an employee or dependent may include, but is not limited to, a claim for reimbursement of payment(s) previously made directly to a provider for medical-legal good or services, subject to an applicable official fee schedule.

An MSA is a critical part of the Applicant’s case and should be prepared by an expert of your choosing. There is no state or CMS requirement that defendants must control the MSA process.

It is time to take back control of your Applicant’s case by preparing an MSA

Continuing to allow defendants and insurance carriers to prepare one-sided MSAs results in lower settlements. Utilize MASSIVE: Medical and Subrogation Specialists, to advocate for your Applicant by preparing an MSA with comprehensive expert review of future medicals to increase settlement values.

Contact MASSIVE to get started protecting your client’s future benefits and increasing settlement values today!