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Allison Haley shares her expertise on the Medicare Set-Aside quagmire with other Minnesota attorneys at a Minnesota Continuing Legal Education seminar for the Minnesota State Bar Association
Johnson & Condon attorney, Allison Haley, recently co-presented at the January 22, 2010 Minnesota Continuing Legal Education Seminar on “Settling a Case with a Medicare Beneficiary.” Last year Medicare ran a deficit. In other words Medicare paid out more in benefits than it generated in taxes and other revenues. Some estimate Medicare will be depleted as early as 2017. As a result the federal government has been looking for ways to replenish the coffers. With some investigation it became clear that individuals injured in the work place or as a result of the negligence of others often brought lawsuits, collected settlements or jury verdicts, and then later turned to Medicare to pay medical treatment related to their injuries. The Medicare Secondary Payer statute prohibits Medicare from making payments (past and future) where other insurance exists. This law is often interpreted to require others to protect Medicare’s interests. Medicare recently started enforcing this little known and even less understood provision. The result? Medicare Set-Asides. Medicare Set-Aside is the term for literally setting aside a portion of a personal injury settlement or award when a portion of the award represents consideration for future medical treatment. The Medicare Set-Aside separates the future medical funds for safekeeping should the injured individual need medical care as a result of the injury down the road. Ms. Haley deconstructed this process and more at the recent seminar. Ms. Haley is well versed in Medicare Secondary Payer Compliance, having spoke on the issue on numerous occasions and is also a member of the National Alliance of Medicare Set-Aside Professionals. For more information on this topic, please contact Allison Haley.
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