LIABILITY MEDICARE SET-ASIDE (LMSA)
ALLOCATION STUDY SERVICE

A Liability Medicare Set-Aside (LMSA) is an amount a Medicare plaintiff voluntarily reserves from their personal injury settlement. Specifically, to pay for injury-related, Medicare-allowable healthcare expenses during that Medicare plaintiff’s lifetime.

Medicare has stated that without any evidence that a plaintiff/claimant considered how to protect the Medicare Trust Fund from becoming a “first payer,” Medicare can take the position that the entire settlement amount must be spent on incident or accident-related medical bills before Medicare will pay one thin dime.

While not (yet) legally necessary, CMS officials have publically stated that LMSAs appear to be a good option. In particular, for helping injury victims manage their Medicare liability by segregating funds for payment of future Medicare bills. Reasonable drafting by qualified, specially-trained medical professionals ensures that the amount recommended to fund a voluntary LMSA is much, much less than having to spend the entire settlement amount.

Therefore, a voluntary LMSA should cap a plaintiff’s exposure to Medicare at a fraction of the entire settlement. Thus, limiting the amount Medicare-allowable costs can claim from a settlement.

Talk to us about how an outside legal opinion from a top Medicare attorney may be able to reduce your client’s LMSA even further.

The result?  More for your clients, less for Medicare.

Click Here to Download the Liability MSA Allocation Study Service Packet