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Medicare Set-Asides

Worker's Compensation
Medicare Set-Aside Arrangements
(WCMSAs) Under the
Medicare Secondary Payer
(MSP) Statute
 


Revised and Updated - October 2007

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Welcome to the new WAWCA portion of the website dealing with Worker's Compensation (WC) Medicare Set-aside Arrangements (WCMSAs or MSAs).  We have completely revised this section of the website, as of October 2007, to include all new information and updated links.  We have re-organized this section as well, so that you can quickly find the information that you need.

The content of this page is intended for attorneys and adjusters involved in WC claims who have general questions about MSAs and are not sure where to obtain the information or would like some quick answers. This website is not intended to provide legal advice.  If you believe that you need more thorough answers, we suggest that you contact an attorney.

We have organized the information in a format similar to a Frequently Asked Questions (FAQ) section of a website. Just click on the question below that you are interested in and you will be taken to a new page that, hopefully, will provide you the answers that you need. 

  1. What is a Medicare Set-Aside?
  2. What are the laws that govern an MSA?
  3. What is the Centers for Medicare and Medicaid Services (CMS) and how is in involved in MSAs?
  4. How do I know if I need an MSA?
  5. When is the best time to start the MSA process?
  6. What is a conditional payment?
  7. If my WC case settles for less than $25,000 do I need an MSA?
  8. How long does it take to get an MSA approved by CMS?
  9. I have obtained CMS approval, now what?
  10. I am a claimant’s attorney; do I need to know anything about MSA to protect my clients?
  11. I am an adjuster/defense attorney; what do I need to know to protect the employer?
  12. Which party in a WC claim is responsible for obtaining CMS approval of an MSA?
  13. Where can I go to find more information about MSAs?

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.

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This page was last updated on October 08, 2007.

 

  
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