If an injured worker attempts to settle her workers compensation case, and there is the possibility that she is entitled to Medicare then she must (through her attorney or on her own) get the permission of Medicare (Center for Medicare Services – CMS) to settle her case – and may be required to even provide for some of the settlement proceeds to be placed into a special account known as a Workers Compensation Medicare Set-Aside.
In order to receive approval you must submit to CMS a request to determine the amount of money that must be "set-aside". CMS will review your request and either approve it or increase it (very rare to see a decrease!). But HOW DO THEY DO THIS? Well, Medicare has now released some rules:
CMS has recently released the "operating rules" on determining how CMS will figure out if it will approve your proposed WCMSA.
Other links of interest: John Gelman Workers Compensation Blog – CMS
For more information or questions feel free to contact the attorneys of Markhoff & Mittman, PC. (866)205-2415 – serving injured workers and their families since 1933 throughout New York State – From Patchogue to East Meadow, Brooklyn to Queens, Bronx, Staten Island, White Plains, Yonkers, Peekskill and beyond..www.markhofflaw.com