by Thomas D. Begley, Jr., CELA<\/p>\n
Once a Medicare Set-Aside Arrangement (\u201cMSA\u201d) 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 in a Release signed in connection with the third party liability (\u201cTPL\u201d) settlement, then it is likely that Medicare\u2019s interests must be considered. That raises the question as to how to calculate the amount of the settlement intended for future medical care. It is unlikely that the Centers for Medicare and Medicaid Services (\u201cCMS\u201d) would accept a figure agreed upon by the parties absent court testimony and a court finding.<\/p>\n
It is important to remember that in a TPL case, the award seldom pays 100 cents on the dollar for future medicals. Issues in these cases, such as disputed liability or causation, policy limits, statutory caps and derivative claims, often mean that TPL (more…)<\/span><\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" by Thomas D. Begley, Jr., CELA Once a Medicare Set-Aside Arrangement (\u201cMSA\u201d) 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…<\/span><\/p>\n