Medicare Set-Asides

A Medicare Set-Aside (MSA) is a fund set aside from the proceeds paid from the settlement of a Workers' Compensation or Personal Injury liability case. A portion of the settlement is set-aside to pay for future medical expenses related to the injury that would otherwise be paid by Medicare.

Previously, Medicare Set-Asides were required only in Workers’ Compensation Cases. New rules will require Medicare Set-Asides for most Personal Injury liability cases where the plaintiff may receive Medicare benefits in the future.

A properly administered Medicare Set-Aside should pay for reasonable injury-related medical expenses, including doctor bills, hospital care, skilled and intermediate care, skilled rehabilitation, home health care, hospice care, durable medical equipment, and any other items or services that would otherwise be covered by Medicare.