MSAs: To Submit or Not Submit?

JASON WELLS, ESQ.

EUREKA, CALIFORNIA

Under the Medicare Secondary Payer (MSP) laws, the parties in a workers’ compensation claim have responsibility to protect Medicare’s interests when resolving future medical expenses.

The Centers for Medicare and Medicaid Services (CMS) recommends that parties in workers’ compensation claims prepare a Medicare Set Aside (MSA) when settling future medical care in a Compromise and Release. An MSA is a cost analysis of future medical treatment over the life expectancy of an injured worker.