Medicare’s future interest must be considered in every workers’ compensation settlement. When the injured worker is a Medicare beneficiary or anticipates enrolling shortly after settlement, a “Medicare Set-Aside” (MSA) must be funded when there is an expectation of future medical treatment.
This means setting aside an allocation above and beyond the settlement proceeds specifically for future medical expenses related to the work injury. An MSA essentially serves as a deductible for future work-related expenses. It is not until after the funds in the MSA have been exhausted that Medicare will then step in and provide coverage. Thus, an MSA not only protects the interests of Medicare, but also the injured worker who is a beneficiary or planning to enroll. Anesi Ozmon’s team of workers’ compensation attorneys is here to answer any questions about Medicare Set-Asides.