Our Medicare Set Aside (“MSA”) Department includes experienced attorneys, paralegals, and a Registered Nurse/Certified Medicare Set Aside Consultant (“MSCC”). The Department provides strategies to all clients for managing discovery and settlement under the Medicare Secondary Payer Act and amendments to the Act. We also provide MSA recommendations to clients on a case-by-case basis, submissions to Medicare’s lead contractors, and education for our clients and attorneys on MSA issues and requirements.
From the inception of a case, our MSA Department is able to verify whether Medicare’s interests are implicated. Throughout the course of litigation, we can monitor Medicare’s threshold requirements in relation to the facts of a case so that strategies can be developed for avoiding the implication of Medicare’s interests, or for ensuring consideration of Medicare’s interests, if necessary. We are also able to prepare MSA recommendation reports on a case-by-case basis to assist our clients in determining potential liability for protecting Medicare’s interests in the case.
When Medicare’s interests are implicated in a case, our MSA Department is able to prepare submissions to Medicare’s lead contractors to obtain Medicare’s approval of a settlement. We establish communication with Medicare’s lead contractors in order to monitor the progress of our submissions and successfully obtain Medicare’s approval of an MSA in a timely manner. We are also able to verify whether Medicare has made any conditional payments for medical services which must be reimbursed to Medicare in order to avoid additional liabilities. We have been successful in reducing conditional payment liabilities by offering proof of a missing nexus between the payments and the litigation at issue.
Our MSA Department is dedicated to educating our clients on Medicare requirements and compliance issues in the ever-changing MSA arena. We are available for educational seminars or questions posed on a case-by-case basis. Please contact our Department for assistance with your MSA issues or questions.