The SMART Act: Simplifying the Medicare Secondary Payer Program
The Medicare Secondary Payer ("MSP") program provides that in certain instances, Medicare is the primary payer for beneficiaries, but under other circumstances, the beneficiary's health insurance or...
View ArticleKnowing Your Client: 3 Ways to Avoid Financial Pitfalls in Litigation
In our work with plaintiffs and attorneys, we often hear about financial issues that lead to unnecessary complications. While I certainly don't presume to know more about the struggles of being a good...
View ArticlePublic Benefits: Which are 'Means-Tested'? (Guest Post)
About the Author: Thomas D. Begley, Jr. has over 40 years of experience in Elder Law, Medicaid Planning, Special Needs Trusts, Disability Law and Personal Injury Consulting. He is a Fellow of the...
View ArticleA ‘Family Office’ for the Plaintiff: The Value of a Settlement Planner
It is common to hear lawyers assert: "I haven't done a structure in 10 years." "The defense is providing a broker." "My client wants all of their cash now." "My client just doesn't need a settlement...
View ArticleMedicare Set-Asides: What an Allocation Firm May Not Tell You
Allocation firms have extensive knowledge of the ever-changing regulations surrounding Medicare. For those individuals who have received settlements in Workers' Compensation or liability cases,...
View ArticleFunding a WCMSA: Lump Sum vs. Structured Arrangement
Last week, the Centers for Medicare and Medicaid Services released a Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide. The guide provides a good overview of what WCMSAs...
View ArticleChoosing a Structured Arrangement to Fund a Medicare Set-Aside
We recently discussed the two options for funding a Medicare Set-Aside—either with a lump sum or a structured arrangement. Utilizing a structured arrangement provides benefits that aren’t realized...
View ArticleMSA Allocations- Should You Get a Second Opinion?
Determining the amount of the Medicare Set-Aside allocation is a vitally important part of settlement for many liability and Workers’ Comp cases. The amount is determined by adding up the cost of...
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Important Change to Medicare Reimbursement Guidelines
In January 2013, President Obama signed the SMART Act (H.R. 1845) into law. The overall intent of the SMART Act was to simplify the Medicare Secondary Payer process by providing clear (and in some...
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CMS Issues Interim Final Rule on Expansion of MSP Portal
This morning, the Centers for Medicare and Medicaid Services released an interim final rule with direct impact on SMART Act regulations. The interim final rule explains the process and timeline for...
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The Argument for Diversifying Advisement Teams
Photo Credit An article in yesterday’s Wall Street Journal examined the new client service model being used by financial firms—what Jim Cahn, CIO of Wealth Enhancement Group in Plymouth, MN refers to...
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CMS Adds Important Updates to WCMSA Reference Guide
CMS announced on its website yesterday that updates have been made to Version 2.2 of the Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide. Updates include: 4.1.4- Hearing...
View ArticleMedicare Set Aside? Liability? A practical approach
It seems as though the conversation persists regarding the duty of trial lawyers and the responsibilities of their clients in liability cases when they are Medicare beneficiaries. This post is intended...
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What Happens To a Medicare Set Aside (MSA) If the Claimant Passes Away?
People commonly ask us this question. Not just claimants, but their friends and loved ones as well. Should a claimant pass away, what happens to the Medicare Set Aside (MSA) portion of their...
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SSDI Program Projected to be Exhausted by 2022: Implications for Plaintiffs
Ninety percent of our clients at Milestone Consulting – and most trial lawyers’ clients who are severely disabled – rely on social security disability insurance (SSDI) during litigation and for the...
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