What Is Medicare Set Aside?

Slade Neighbors is a highly respected California legal expert specializing in workers’ compensation law with over two decades of experience. Holding an undergraduate degree in Russian and East European history, he manages Encino, California-based Slade Neighbors, A Professional Law Corporation, a firm that deals with workers’ compensation law defense. In addition to his extensive expertise in workers compensation law, Slade Neighbors is one of the few California attorneys with an expert certification in Medicare Set Aside issues.

A Medicare Set Aside (MSA) is a settlement which arises from a personal injury or worker’s compensation claim. In an MSA, settlement funds are “set aside” in a special account for the purposes of addressing future medical costs of a claimant. Medicare is designated by the federal law as a secondary payer, which means Medicare doesn’t pay for any medical bills of an injury until the primary payment source from a workers’ compensation or personal injury settlement has been used up.

After a workers’ compensation or personal injury claim is completed, a portion of the settlement intended for medical care has to be deposited into a designated MSA account if the beneficiary is to receive Medicare in the future. When the funds have been exhausted, Medicare then takes up the role of paying the injured person’s medical expenses, so long as the individual complied with all the rules and regulations regarding expenditures and reporting. In summary, Medicare Set Aside means the government handles the payment of an individual’s medical expenses arising out of an injury.

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