01.11.08

Beware of “One Size Fits All” Medicare Set-aside Forms: Attorney drafting and Review is essential to comply with Federal and State Law

Posted in Uncategorized, Medicare Set-aside, Medical Case Management, Special Needs Trust, Workers' Compensation at 10:09 am by admin

A trend in the Medicare Set-aside industry is the MSA allocator providing settlement contract language, Self-administration Agreements, or other form contracts for use in the settlement contract. Claimants, Plaintiffs, insurance companies and self-insured entities often accept these forms without question on the assumption that the MSA allocation “expert” is also a contract drafting expert. This assumption can and may jeopardize the very settlement that the MSA allocation “expert” was trying to protect. Read the rest of this entry »

01.03.08

President Increases Enforcement of the MSP by Increasing Reporting Burden on Insurance Companies and Self-Insureds

Posted in Uncategorized, Medicare Set-aside, Medical Case Management, Special Needs Trust, Workers' Compensation at 11:31 am by admin

On December 29, 2007 President Bush signed the SCHIP Extension Act of 2007. This Act also contained provisions concerning the Medicare Secondary Payer Act. (“MSP”) The new MSP law requires all primary payers (including insurance companies and self-insureds) to “determine whether a claimant [Plaintiff] is entitled to . . .” Medicare, and if the answer is yes, the primary payer must report that to Medicare. Read the rest of this entry »