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What is a Medicare Set Aside?

CMS states that all parties in a workers’ compensation case have significant responsibilities under the Medicare Secondary Payer laws to protect Medicare's interests when resolving cases that include future medical expenses. The recommended method to protect Medicare's interests is a Workers Compensation Medicare Set Aside (WCMSA).

“A [Medicare Set Aside] allocates a portion of the [workers’ compensation] settlement for all future work-injury-related medical expenses that are covered and otherwise reimbursable by Medicare.” See Workers’ Compensation Medicare Set-Aside Reference Guide, v3.1, sec. 19.2.

The MSA contains 3 essential elements:

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