3333 S. Bannock Street, Suite 900, Englewood, CO  80110
303-761-4900 

 

   

 Protecting The Rights of the Elderly and Disabled is, and always will be,
the Highest Priority at Solem, Mack & Steinhoff, P.C.

     
 

Settlement Services | Medicare Set Aside Agreements (MSAs)

 

 

Settlement Services and Medicare Set Aside Agreements, by Solem, Mack & Steinhoff, Denver, CO

Settlement Services
Medicare payments for medical needs resulting from the negligent acts of others, are generally conditional on future recovery from worker's compensation plans and liability insurers, including self insured companies.  Not only does Medicare have an interest in recovery payments that have already been made when another is liable, but Medicare is becoming increasingly vigilant about preventing the shifting of medical costs onto Medicare when liability is elsewhere. 

Medicare has developed rules with respect to worker's compensation settlements and is expected to become more vigilant in liability and negligence cases as well in the near future.

When a case is settled for a client who is either on Medicare or expected to become Medicare eligible within 30 months, there are a number of complex issues that need to be discussed and resolved. 

These include the following.
  Do you need a Medicare Set Aside (MSA) account or trust?
  Does Medicare have to approve the MSA in advance?
  What is the proper funding of the MSA?
  What termination provisions are appropriate in the MSA?
  Do you need to coordinate benefits with other health plans or with Medicaid?
 
The development of MSAs over the last ten years suggests that the insurance industry has taken the lead in promoting and determining whether, and to what extent, an MSA is needed and how it should be funded.  This may or may not be in the client's best interest.

Solem, Mack & Steinhoff has experience with MSAs and with both the Medicare and Medicaid programs. Even more importantly, Solem, Mack & Steinhoff works almost exclusively with plaintiffs and plaintiffs' counsel.

It is critical to involve an attorney experienced in this area as soon as possible because there are more available options to the client, such as the possibility of avoiding hospital Medicaid, Medicare and insurance liens altogether.


Mr. Solem is a member of the Colorado Trial Lawyers Association and with the Elder Law Committee of the Colorado Bar Association.  He and his firm are committed to achieving the best results possible for the injured person and not what may be in the best interest of the defense.  Mr. Solem has over 35 years of experience with Medicare, Medicaid and Social Security and will use his experience and knowledge to get a client through these systems as painlessly and economically as possible.

If you feel confused and stressed out by government programs and regulations, or, if you would like to verify what you are being told by others, Solem, Mack & Steinhoff is always available to discuss the case with you frankly and in confidence.  We handle MSAs, Special Needs Trusts and negotiations of Medicare and Medicaid and insurance liens.  We also act purely as consultants if representation is not needed.

  *All consultations are confidential.  Payment plans and credit cards are accepted.
 
 

 

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Solem, Mack & Steinhoff, P.C.
SolemLaw.com
3333 S. Bannock Street, Suite 900, Englewood, CO
303-761-4900