Medicare

With the implementation of the Medicare Prescription Drug Improvement and Modernization Act of 2003 Medicare gained the right to recover its medical payments from any entity involved in the settlement, including the beneficiary or his attorney. The attorney can be found liable for as much as twice the amount owed to Medicare if its interest is not satisfied. (more)

468B Qualified Settlement Funds
Plaintiff attorneys favor Qualified Settlement Funds (468B) because they can control the settlement funds while negotiating medical liens, determining appropriate distribution amounts to their clients (in cash and in structured settlements), in Special Needs Trusts to preserve Medicaid and Supplemental Security Income (SSI), structuring attorney fees, and planning for estate needs. (more)

Set-Asides

If a Worker’s Compensation case, is in excess of $25,000, intended to compensate for future medical expenses and the plaintiff is either a recipient of Medicare or has reasonable expectation of being on Medicare within 30 months of the settlement than Medicare’s interest must considered with the “set-aside” of funds for future medical needs which otherwise would be paid by Medicare. (more)