Federal law states that Medicare must be considered in any Workers' Compensation settlement when the injured worker might rely on Medicare to cover any future medical costs related to the injury. This obligation is satisfied when a claims administrator funds a CMS approved Medicare Set-Aside trust.

Topics Discussed:

  • Medicare Secondary Payer Act History
  • What is an Allocation Report
  • When and Why to Obtain CMS Approval
  • "Reasonable Expectation" Standard for Eligibility
  • When is a MSA not Needed
  • Calculating the Total Settlement Amount
  • Documents to be Submitted to CMS
  • MSA Trust Administration Options
  • Structured WCMSA Options