2008 Florida Workers’ Compensation
Practice Series:
Medicare Set Asides

Federal regulations provide that Medicare will not make payments with respect to any item or service to the extent that payment has been made, or can reasonably be expected to be made, under a workmen’s compensation law or plan of the United States or a State or under an automobile or liability insurance policy or plan including a self-insured plan or under no fault insurance. Such federal regulations have been interpreted to mean that if Medicare determines the parties in a workers’ compensation settlement attempted to shift from workers’ compensation to Medicare the costs of medical treatment related to the specific accident, that Medicare can disregard the settlement provisions and apportion the lump sum between indemnity and medical allocations. The only recognized method of protecting both the injured party and insured in such situations is by creating a Medicare set aside allocation. This book explores the federal regulations and memorandums that control the Medicare set aside process and Medicare’s role in approving such allocations. $95.00 (price includes postage, shipping and sales tax) Order Form