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3333
S. Bannock Street, Suite 900 Englewood, CO
80110 303-761-4900 |
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Settlement Services | Medicare Set Aside
Agreements (MSAs)
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Settlement
Services
Medicare payments are generally
conditional on future recovery
from worker's compensation
plans and tort liability
insurers, including self insured
companies. Not only does
Medicare have an interest in
recovery payments that have
already been made when another
is liable, but Medicare is
becoming increasingly vigilant
about preventing the shifting of
medical costs onto Medicare when
liability is elsewhere.
Medicare has
developed rules with respect to
worker's compensation
settlements and is expected to
become more vigilant in tort
cases as well in the near
future.
When a case is settled for a
client who is either on Medicare
or expected to become Medicare
eligible within 30 months, there
are a number of complex issues
that need to be discussed and
resolved. |
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These
include
the
following. |
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Do you
need a
Medicare
Set
Aside (MSA)
account
or
trust? |
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Does
Medicare
have to
approve
the MSA
in
advance? |
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What is
the
proper
funding
of the
MSA? |
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What
termination
provisions
are
appropriate
in the
MSA? |
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Do you
need to
coordinate
benefits
with
other
health
plans or
with
Medicaid? |
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The
development of MSAs
over the last ten
years suggests that
the insurance
industry has taken
the lead in
promoting and
determining whether,
and to what extent,
an MSA is needed and
how it should be
funded. This
may or may not be in
the client's best
interest.
Solem, Mack &
Steinhoff has
experience with MSAs
and with both the
Medicare and
Medicaid programs.
Even more
importantly, Solem,
Mack & Steinhoff
works almost
exclusively with
plaintiffs and
plaintiffs' counsel. |
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It is
critical
to
involve
an
attorney
experienced
in this
area
as
soon as
possible
because
there
are more
available
options
to the
client,
such as
the
possibility
of
avoiding
hospital
and
Medicaid
liens
all
together. |
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Mr. Solem is a
member of the
Colorado Trial
Lawyers Association
and with the Elder
Law Committee of the
Colorado Bar
Association.
He and his firm are
committed to
achieving the best
results possible for
the injured person
and not what may be
in the best interest
of the defense.
Mr. Solem has over
35 years of
experience with
Medicare, Medicaid
and Social Security
and will use his
experience and
knowledge to get a
client through these
systems as
painlessly and
economically as
possible.
If
you feel confused
and stressed out by
government programs
and regulations, or,
if you would like to
verify what you are
being told by
others, Solem, Mack
& Steinhoff is
always available to
discuss the case
with you frankly and
in confidence.
We handle MSAs,
Special Needs Trusts
and negotiations of
Medicare and
Medicaid liens.
We also act purely
as consultants if
representation is
not needed. |
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*All
consultations are confidential.
Payment plans and credit cards are accepted. |
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