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Medicare Secondary Payer Compliance in 2012: A Formalized Approach to the Question of Medicare Set Asides for Civil Plaintiff and Defense Counsel

The Medicare Secondary Payer (“MSP”) Act obligates parties resolving liability insurance claims to address two broad obligations:

1) reimbursement/resolution

2) reporting

Within the reimbursement/resolution prong lie two components, past medicals and future medicals. To comply with future medical obligations, parties should screen the case to determine if a Medicare Set-aside Arrangement (“MSA”) is appropriate under the case-specific facts. The MSA obligation is the subject of debate and uncertainty nationwide. The purpose of this article is to provide a formalized approach to addressing the MSA issue in a 2012 liability insurance settlement.


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