by Thomas D. Begley, Jr., CELA For many years a debate has raged as to whether Medicare’s interests must be considered with respect to future medical payments in the context of a third party liability settlement (“TPLS”). The issue is…
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HOW MUCH MUST BE SET ASIDE FOR MEDICARE IN A THIRD PARTY LIABILITY CASE?
by Thomas D. Begley, Jr., CELA Once a Medicare Set-Aside Arrangement (“MSA”) has been considered, the next question is how much is necessary to fund it. If future medicals have been plead or claimed and future medicals are specifically released…
MEDICARE SET-ASIDE ARRANGEMENTS IN SPECIAL NEEDS TRUSTS
by Thomas D. Begley, Jr., CELA Countable Asset for SSI and Medicaid A question arises as to whether assets held in an MSA are countable for SSI and Medicaid purposes. This has been addressed by CMS in the WC…
WHEN SHOULD A MEDICARE SET-ASIDE ARRANGEMENT BE CONSIDERED?
by Thomas D. Begley, Jr., CELA In settling of a personal injury case, commonly called a third party liability case (TPL), a Medicare Set-Aside Arrangement (MSA) should frequently be considered. Many Lawyers and Structured Settlement Brokers believe that if the…
Employers to file amended LCAs and H-1B petitions if H-1B work locations change
The USCIS Administrative Appellate Office issued a precedent decision holding that an amended H-1B petition is required whenever the work location of an H-1B worker changes. An H-1B visa is a nonimmigrant visa classification that allows a U.S. employer to…
WRAPPING A MEDICARE SET-ASIDE ARRANGEMENT INSIDE A SPECIAL NEEDS TRUST
by Thomas D. Begley, Jr., Esquire, CELA In any recovery involving a personal injury case, the interest of Medicare must be considered.[1] The idea is that because Medicare is a secondary payer, a beneficiary should not be permitted to receive…
WRAPPING A MEDICARE SET-ASIDE ARRANGEMENT INSIDE A SPECIAL NEEDS TRUST
by Thomas D. Begley, Jr., Esquire, CELA In any recovery involving a personal injury case, the interest of Medicare must be considered.[1] The idea is that because Medicare is a secondary payer, a beneficiary should not be permitted to receive…
WHEN IS A MEDICARE SET-ASIDE ARRANGEMENT (MSA) REQUIRED IN A THIRD PARTY LIABILITY CASE?
by Thomas D. Begley, Jr., Esquire, CELA In any recovery involving a personal injury case, the interest of Medicare must be considered.[1] Reasons Support the Argument that the Medicare Secondary Payer Act Applies to TPL Cases with Respect to MSAs…
Tagged with: District Court, Liability Set Aside Arrangement, Medicare, Medicare Secondary Payer Protocol, MSA, New York, TPL
SPECIAL NEEDS TRUSTS AND MEDICARE SET-ASIDE ARRANGEMENTS
by Thomas D. Begley, Jr., Esquire, CELA Generally, Medicare Set-Aside Arrangement (MSA) funds are deposited in a custodial account with a professional trustee or given to the client to self-administer. For cases less than $100,000, giving the funds to the…
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