10.
I am a claimant’s attorney; do I need to
know anything about MSAs to protect my clients?
The first thing that
claimant’s attorney’s should be aware of is that if the Medicare Secondary Payer
Act is ignored, the client risks losing his Medicare benefits and the Centers
for Medicare and Medicare Services (CMS) can make a claim against the claimant
(and the claimant’s attorney) for any benefits improperly paid for by Medicare.
Second, the administration
of a Medicare Set-aside (MSA) can be very difficult and time consuming,
especially if the MSA is funded with an annuity. There are a lot of unwritten
rules about how and when a claimant can use the funds of an MSA. Most of these
are outlined in the settlement documents, but it is the unwritten rules that can
be tricky and even counter-intuitive.
It can be quite helpful to
discuss the MSA and the requirements of administration with the
regional CMS office. Wisconsin is serviced by the Chicago Regional Office:
CMS – Region 5
233 North Michigan Avenue, Suite 600
Chicago, IL 60601
Phone: (312) 886-6432
Fax: (312) 353-0252
It is the Regional Office
that has oversight duties and ultimate authority over the MSAs under its
jurisdiction. Therefore, contacting this office is recommended for all
administrative questions.
BACK
All of the content was
prepared by Michael R. Merlino II, an attorney in Georgia who focuses on his
practice primarily on MSAs. He prepares MSAs for many large self-insureds and
insurance companies. If you have questions, he can be contacted at 770-374-3697
or
mmerlino@gmail.com. He also has a website devoted to MSAs, which is updated
frequently: www.wcmsainfo.com
© 2007
Wisconsin Association of Worker’s Compensation Attorneys, Inc, and Michael R.
Merlino II. All rights reserved.
