Our Medicare Set-aside (“MSA”) Practice Group led by Beth Carter and David Porter provides strategies to clients for managing discovery and settlement under the Medicare Secondary Payer Act and amendments to the act. We also provide guidance to clients on the following: Medicare legal reviews and medical cost projections; submissions to Medicare’s lead contractors; verification of conditional payments made by Medicare; requests for reconsideration of Medicare decisions relating to conditional payments; Social Security verification; facilitating the settlement process; and developing settlement language and workers’ compensation analysis and allocation preparation. We provide education for our clients and attorneys on MSA issues and requirements.
From the inception of a case, we are able to verify whether Medicare’s interests are implicated. Throughout the course of litigation, our attorneys monitor Medicare’s threshold requirements in relation to the facts of a case so that strategies can be developed to terminate or minimize Medicare’s interests if possible, or to ensure consideration of Medicare’s interests, when necessary.
We have been successful in reducing conditional payment liabilities by offering proof of a missing nexus between the payments and the litigation at issue. When Medicare’s interests are implicated in a case, we are able to verify whether Medicare has made any conditional payments for medical services that must be reimbursed to Medicare in order to avoid additional liabilities. Our MSA Practice Group is dedicated to educating our clients on Medicare requirements and compliance issues in the ever-changing MSA arena.