Workers’ Compensation
Ca. Workers' Comp. Quarterly 2019, Vol. 32, No. 3
Content
- Blood Is Thicker Than Water
- Does Hikida Create a Change in the Law of Apportionment?
- Dynamex Codified: What It Means for the Future of Workers' Compensation
- Handling Public Safety Cases in California
- The Special Adjudication Unit: a New Forum Within the Wcab for the Administration of Justice
- View from the Incoming Chair
- View from the Outgoing Chair
- Workers' Compensation Section 2018-2019 Executive Committee Roster
- The Interplay Between Medicare and Medicaid for Injured Workers
The Interplay Between Medicare and Medicaid for Injured Workers
Jason D. Lazarus, J.D., LL.M., CSSC, MSSC Orlando, Florida
This article discusses dual eligibility for injured workers. It addresses exactly what it is and how Medicaid (in California, Medi-Cal) coordinates with Medicare for those who are eligible for both programs. It takes a look at Medicare Set-Asides (MSAs) and Special Needs Trusts (SNPs) and techniques to preserve Medicaid and Medicare. Finally, it examines the intersection of these two public benefit preservation trusts.
Some individuals are "dual eligible," meaning they qualify for both Medicaid and Medicare. In certain cases a Medicare Set-Aside/Special Needs Trust (SNT) or pooled Special Needs Trust may be necessary to preserve the claimant’s dual eligibility. A Medicare Set-Aside Trust is a device used to preserve future Medicare eligibility. An SNT or pooled Special Needs Trust is appropriate for claimants receiving Supplemental Security Income (SSI) and/or Medicaid benefits. Federal law allows creation of either an SNT or a pooled SNT to preserve eligibility for needs-based benefits, such as SSI and Medicaid, post settlement of a workers’ compensation claim.