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Druckman,
Fee & Chait, P.A.
305-374-7750
Serving the Entire State of Florida
James F. Fee, Jr.
& Richard E. Chait
WORKERS’ COMPENSATION LITIGATION
REPRESENTATION OF INJURED WORKERS
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Medicare Set Aside Trusts
In recent years, the concept of Medicare Set
Aside Trusts (MSA) has evolved in the workers’
compensation law. Medicare Set Aside Trusts are
required in certain settlements depending upon
specific legal criteria. In those types of cases,
the Medicare Set Aside Trust must be approved by the
Center for Medicare and Medicaid Services (CMS)
before the settlement can be finalized. Experts are
retained to evaluate the injured worker’s case,
medical condition and history of treatment, and they
prepare Medicare Set Aside Evaluations. This
evidence is often relied upon during the settlement
negotiation process. A Medicare Set Aside Trust
imposes an obligation on the injured worker to "set
aside" specifically approved settlement funds to be
used for ongoing medical treatment that would
otherwise have been the responsibility of Medicare.
Injured workers must reconcile their Medicare Set
Aside expenditures with CMS on a continuing basis.
Mr. Fee and Mr. Chait have extensive experience
regarding the existence of Medicare Set Aside Trusts
and the impact that they have on settlements. They
make every effort to ensure that the appropriate
medical evidence is provided to the expert who is
preparing the Medicare Set Aside Evaluation so that
it is as accurate as possible. They exhaust efforts
to obtain the Medicare Set Aside Evaluation as part
of the settlement evaluation process so that
pertinent facts can be considered and relied upon in
advance of the settlement negotiation. Mr. Fee and
Mr. Chait consistently educate their clients on the
concept of Medicare Set Aside Trusts and the impact
that same will have on the overall settlement of a
case.
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