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John Bair

Complying with Government Benefits After Settlement, Part II: MSAs

Last week, I explained how Medicaid, Supplemental Security Income (SSI), and other needs-based government benefits have strict eligibility requirements. When a disabled person receives the proceeds from a settlement, he or she can lose access to these benefits, which may […]

John Bair

The Future of a Medicare Set-Aside If a Claimant Passes Away

It’s an important question for family members to ask: What happens to the Medicare set-aside (MSA) portion of their loved one’s settlement in the event there is still a balance when he or she passes away? By law, Medicare is […]

John Bair

MSAs: Complying with Medicare to Protect Your Insurance Coverage

Individuals are required by law to consider Medicare’s interests when they receive a workers’ compensation or liability settlement to pay for future injury- or illness-related expenses. Failing to do so can impact a person’s Medicare eligibility at the worst time […]

John Bair

Medicare Set Asides and Self Administration

By law, Medicare is considered a secondary payer for injury, illness, or disease suffered by those involved in a workers’ compensation or liability lawsuit. As a result, Medicare does not have primary responsibility for covering a victim’s medical expenses until […]

John Bair

What Happens To a Medicare Set Aside (MSA) If the Claimant Passes Away?

People commonly ask us this question. Not just claimants, but their friends and loved ones as well. Should a claimant pass away, what happens to the Medicare Set Aside (MSA) portion of their settlement? This is a perfectly reasonable question, […]

John Bair

Can Medicare Deny Payment if an MSA Isn’t Set?

A Medicare Set Aside (MSA) is an amount of money that you and your attorneys, or an independent 3rd party expert, determines is sufficient to protect your future Medicare benefits. This term is used in Centers for Medicare Services (CMS) […]

John Bair

Medicare Set Asides Liability – Withdrawal of NPRM

In any settlement, it is imperative to protect your future medical coverage to ensure that your quality of life is protected as thoroughly as possible. In the past, the Centers for Medicare and Medicaid Services (CMS) have pursued stringent rules […]

John Bair

Medicare Set Aside? Liability? A practical approach

It seems as though the conversation persists regarding the duty of trial lawyers and the responsibilities of their clients in liability cases when they are Medicare beneficiaries. This post is intended to provide a practical guide to getting to a […]

John Bair

MSA Allocations- Should You Get a Second Opinion?

Determining the amount of the Medicare Set-Aside allocation is a vitally important part of settlement for many liability and Workers' Comp cases. The amount is determined by adding up the…

John Bair

Choosing a Structured Arrangement to Fund a Medicare Set-Aside

We recently discussed the two options for funding a Medicare Set-Aside—either with a lump sum or a structured arrangement. Utilizing a structured arrangement provides benefits that…