Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Medical Malpractice Law & StrategyLJN NewslettersNewsSections

Medicare Set-Asides in Med-Mal and Personal Injury Litigation

By Barbara D. Goldberg
September 28, 2011

An issue that arises with increasing frequency in the context of medical malpractice and other personal injury settlements is whether, and to what extent, funds should be allocated from a settlement to provide for future medical costs that Medicare would otherwise be required to pay. The good news is that, contrary to popular belief, section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA) does not require Medicare set-asides (MSAs) in the liability insurance context. See David J. Berg, “Medicare Set-Asides and Personal Injury Cases ' What Is the Practitioner to Do?” www.massbar.org/publications/section-review/2010v12-n2/medicare-.

Section 111 merely imposes requirements, under threat of substantial penalties, on “responsible reporting entities” (RREs) such as liability insurers and self-insured entities to report any settlement, judgment or other payment involving a claimant who may be entitled to Medicare to the Centers for Medicare and Medicaid Services (CMS).

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.