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Insurance carriers, employers and third-party administrators know the difficulty
and frustration involved in settling workers' compensation claims entailing Medicare
set-aside issues. As a result, they have sought specialists to help them settle
workers' compensation cases in a manner they expect will keep them from incurring
additional liability or violating various Medicare laws and regulations.
Most insurance carriers, employers, and third-party administrators think the
creation and subsequent Medicare approval of a Medicare set-aside (MSA) account
will afford them protection from incurring additional liability under the various
Medicare laws and regulations. The creation and approval of a MSA is only one
piece of a multifaceted plan to minimize your risk under the various Medicare
laws and regulations.
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Our process makes each settlement part of a pattern of practice that demonstrates
your organization's consistent compliance with Medicare's laws and regulations.
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This approach further insulates you against any potential claim made by Medicare,
and may negate an extensive investigation at a later date.
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Certain recommended treatments can be excluded based upon treatment guidelines,
causation or other legal arguments.
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The MSA is structured in a manner that protects the proceeds from misappropriation.
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When formal Medicare approval is not required, we structure the settlement in
a manner that protects you from incurring Medicare liability.
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Our settlement documents contain language to minimize the chance of claimant
successfully bringing any other federal claims related to the MSA that might result
in double or treble damages.
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The burden of the approval process is taken away from you. We ensure that the
global settlement, with all its many pieces, is executed accurately and timely.
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