How a Settlement Planner Can Assist You With Liability MSAs

The vast majority of personal injury attorneys are not experts in developing a Medicare set-aside (MSA) arrangement for their clients. Moreover, the requirements set forth by the Centers for Medicare and Medicaid Services (CMS) vary significantly depending on the type of set-aside you are developing for your client. In this brief article, we will discuss potential, future requirements for liability MSAs (LMSAs). If you anticipate that your client will be awarded a settlement, our settlement experts can assist you with any settlement management services you require including for LMSAs.

Primary Tasks of a Settlement Planner

The three main tasks of a settlement planner are to maximize the settlement amount for your client, to ensure that the client has a long-term financial plan, and to make certain that the client’s future eligibility rights for Medicare are protected. Creating an MSA assists with the final two of those tasks by putting aside funds for the future medical needs of the plaintiff. By developing an MSA, Medicare remains the secondary payer of any medical expenses after the MSA has been exhausted. Although this concept is simple, LMSAs can be more complex considering they are not currently regulated by CMS under the same framework as many other set-asides.

The Complex Nature of LMSAs

In July 2001, CMS established Medicare interests in cases related to workers’ compensation settlements; however, liability MSAs were not included in this legislation. Currently, LMSAs are not required by law; however, CMS is adopting a formal review process for LMSAs. In October 2017, CMS published an article on their website announcing that the organization is “consider(ing) expanding its voluntary Medicare Set-Aside Arrangements (MSA) review process to include liability insurance (including self-insurance) and no-fault insurance MSA amounts.” Currently, CMS is in the process of determining the best way to implement this expanded review process.

Settlement Planners

Presently, there is no clarity on how or when CMS will implement this ruling, but a voluntary review program for LMSAs is expected some time in the near future. With laws related to LMSAs potentially changing within the next year, this is yet another example of why personal injury lawyers should elect to outsource settlement services to a firm that is a trusted industry leader. Whether it’s determining Medicare eligibility or creating an LMSA, our experts can ensure that your client’s best interests are covered.

For more information or to schedule a consultation, please submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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"I have used Synergy to resolve tough Medicare lien and set aside issues. There is no other practice that comes close to the quality of their work. I highly recommend them and they are a must for the substantial, tough cases."

Mark R. Hanson
LaBovick Law Group

"I just want to thank Synergy for their great work in getting a health insurance lien resolved. The health insurance company refused to reduce their lien a penny from a motorcycle accident involving my client who was not wearing a helmet, a fact that would have hurt our award in front of a jury. Synergy put tremendous pressure on this company, and after months of bombarding this insurance company with statutory requests and threats, they were able to get them to give in and reduce the lien significantly. The cost was minimal in relation to the hard work they put in, and the savings my client received. Client was very happy, and it allowed me to close out a case that I had resolved over 6 months before. Keep them in mind if you are dealing with a smug insurance adjuster who felt confident he would not have to reduce a lien, like I was dealing with. Thank you very much Synergy."

Jeffrey A. Adelman, Esq.
Adelman & Adelman, P.A.

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