When To Use a Medicare Set Aside in a Settlement?

by Alba C. Hernandez (June 11, 2015)

With an aging workforce population, an ever increasing concern in settling workers’ compensation claims is protecting Medicare’s interests. Failing to do so can impact virtually every party to a settlement, so it is important to understand the process when settling with someone who is (or may be!) Medicare eligible or a Medicare beneficiary.

First determine if the Claimant is a current Medicare beneficiary. If yes, you will need to obtain an MSA for all settlements at or above $25,000.00. In this situation, it does not matter why the person is eligible for Medicare; it only matters that they are currently a beneficiary.