Medicare Set Aside Case Study

Medicare Set Aside

It is further expressly understood and agreed, to the extent applicable, CLAIMANTS/PLAINTIFF/RELEASORS covenant that CLAIMANTS/PLAINTIFF/ RELEASORS will set aside funds necessary in any approved Medicare Set Aside Account, to pay for any anticipated future medical and/or health care needs of CLAIMANTS/PLAINTIFF/ RELEASORS, for any injury and/or condition that requires treatment that arises from the injuries related and/or caused by the accident in question. In the alternative, CLAIMANTS/PLAINTIFF/ RELEASORS shall covenant that they do not presently anticipate that CLAIMANTS/PLAINTIFF/ RELEASORS will require medical and/or health care treatment for the injuries and/or conditions related to and/or arising from the accident

The parties have not shifted responsibility of medical treatment, or payment thereof, to Medicare in contravention of 42 U.S.C. Sec. 1395y (b). The parties resolved this matter in compliance with both state and federal law. The parties made every effort to adequately protect Medicare’s interest and incorporate such into the settlement terms. Plaintiff and Releasors represent and warrant that all bills, costs or liens resulting from or arising out of Plaintiff’ and/or Releasors’ alleged injuries, claims or lawsuit are Plaintiff’ and Releasors’ responsibility to pay and Plaintiff and Releasors agree to fully satisfy any such bills, costs or liens, including but not limited to any Medicare and Medicaid liens out of the proceeds received from this settlement. Plaintiff and Releasors agree to assume responsibility for satisfaction of any and all rights to payment, claims or liens of any kind that arise from or are related to payments made or services provided to Plaintiff. Plaintiff and Releasors agree to assume responsibility for all expenses, costs or fees incurred by Plaintiff and Releasors related to Plaintiff’s alleged injuries, whether known or unknown, claims, whether known or unknown, or lawsuit including without limitation, all Medicare conditional payments, subrogation claims, liens or other rights to payment, relating to medical treatment or lost wages that have been or may be asserted by any health care provider, insurer, governmental entity, employer or other person or entity and agree to fully satisfy said expenses, costs or fees including without limitation, all Medicare conditional payments, subrogation claims, liens or other rights to payment, relating to medical treatment or lost wages that have been or may be asserted by any health care provider, insurer, governmental entity, employer or other person or entity from the proceeds received from this