Medicare Set-Asides in 2025
1h 8m
Created on March 13, 2025
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Overview
As more Americans become Medicare enrolled, greater strain is placed on the Medicare program to pay benefits. Federal law prohibits payment of Medicare benefits under certain circumstances after resolving a workers' compensation, auto, liability insurance, or no fault insurance claim. Failure to comply with these provisions may result in a denial of benefits for the Medicare beneficiary or post-settlement conditional payment obligations with potential exposure for responsible parties of up to double damages plus interest. While Medicare has expressed a preference for the use of a Medicare Set-Aside as the means to comply with the future medical provisions of the Medicare Secondary Payer Act, lack of regulatory and administrative guidance challenges the practitioner when examining when and how to apply Medicare Set Asides to their cases.
Join nationally known Medicare compliance attorney John Cattie as he provides the latest updates about Medicare Set-Asides in 2025. Attendees will leave the session with MSA best practices to be applied by the attendee to his or her practice.
Learning Objectives:
- Break down the Basic Concept of a Medicare Set-Aside (MSA)
- Assess the use of MSAs and how they may differ from a Workers' Compensation Case to a 3rd Party Liability Insurance Case
- Identify Why the Lack of an MSA Regulatory "Requirement" Fails to Insulate a Claimant or Attorney from the Future Medical Provisions of the Medicare Secondary Payer Act
- Recognize When an MSA is Appropriate in a 3rd Party Liability Case
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