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Litigation & Settlements

Medicare Set-Aside — Preserve Medicare Eligibility Post-Settlement

MSA earmarks portion of PI settlement for future Medicare-covered care so plaintiff doesn't lose future Medicare eligibility.

Overview

The Medicare Secondary Payer Act requires that Medicare's interests be considered in workers' comp and PI settlements. Failure to set aside can result in Medicare denying coverage for injury-related care post-settlement. An MSA (professionally calculated) is deposited into a segregated account and spent down on injury-related medical care before Medicare pays. Combines with structured settlement for tax-free funding of the MSA over life expectancy. Recent rule changes tightened enforcement.

Best fit
PI plaintiffs currently on or approaching MedicareWorkers' comp settlements $25K+Medicare-eligible plaintiffs of any age
Estimated impact
Preserves $100K–$millions in future Medicare benefits

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