Litigation

Making sense of Medicare set-asides

The world of Medicare Set Asides can be very complex, however you are correct in your assumption that since your new injury is the result of a third party injury, your MSA is not responsible for payment of any claims resulting from this injury. With that being said, your inquiry as to what happens to the funds that are currently in your MSA should you not use them is very valid. 

Previously, The Centers for Medicare and Medicaid Services (CMS) allowed for a 25% reduction of the total dollar amount of the MSA should a claimant's condition improve after 5 years (CMS memo dated July 11, 2005), but in the August 25, 2008 CMS memo, they have rescinded that decision and require that the MSA fulfill the original requirements regarding dollar amount assigned and the life expectancy of the claimant. This means your funding must stay intact and cannot be reduced.  

Matt Garretson
The Garretson Firm Resolution Group

Full post as published by Trial Lawyer Resource Center on May 20, 2009 (boomark / email).