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Medicare Liability Set-Asides: Mischief in the Making?

In the May 2019 issue of Trial News, Maria Diamond outlines the genesis of set-asides in the Medicare Secondary Payer Act (MSP), which preclude Medicare from paying for any medical care that has been paid or can reasonably be expected to be paid under a workers’ compensation law or plan; an automobile or liability insurance policy or plan (including a self-insured); or no-fault insurance. A Medicare set-aside (MSA) is neither a legal creation nor a requirement, but rather the settlement industry’s brainchild for MSP compliance. In the article, Maria outlines the current state of affairs in liability cases and offers a checklist for handling settlements or recoveries.

To read the entire article in Trial News, click on this link: http://www.trialnewsonline.org/trialnews/may_2019/MobilePagedArticle.action?articleId=1487135&ap p=false#articleId1487135

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““I am so grateful to Maria for the superior work she did representing my husband and me in our medical malpractice case. Not only was she extremely competent as our attorney, she amazed us with her ability to keep a cool head during intense depositions by opposing counsel. Maria’s excellent negotiation skills enabled us to settle our case before going to trial. And her knowledge and skills made a difficult and emotional process much easier to handle. Maria was supportive every step of the way, and for that we are truly grateful. We wouldn’t hesitate for a second to recommend her to family and friends.” Karen and George Sickel
Brinnon, WA

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