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Milestone Consulting, New York

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John Bair
John Bair
Contributor • (716) 883-1833

Medicare Set Asides Liability – Withdrawal of NPRM

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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 protecting Medicare as a secondary payor and requiring that many legal settlements set aside funds for future medical care in a process known as a Medicare Set Aside.

On October 8, 2014, CMS withdrew this regulation (which was initially proposed in June 2012), impacting all future litigation in worker’s compensation, liability cases, and other common settlements.

Essentially, the withdrawal of this proposed regulation is a wholly positive outcome that will serve to protect basic ongoing healthcare rights for anyone involved in settlements.

Linda Lipsen, CEO of the American Association for Justice (an organization that undertook extensive lobbying to protest the rule), writes:

“The rule would have reduced access to civil justice for Medicare beneficiaries and would have left them without the benefit of Medicare coverage when they are sick or dying. Our lobbying has achieved the results we wanted for you and your clients–CMS has withdrawn the rule from review.”

Although this rule has been withdrawn, it is still in the best interests of anyone involved in a settlement claim to retain the services of a firm that understands the Medicare system and how best to maximize the effectiveness of your settlement to ensure your continued care.

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