Does Medicare give written advisory opinions on the sufficiency of a Medicare Set-aside even if the injured party is not as yet entitled to Medicare?
A20. CMS established case review thresholds (currently only with workers’ compensation settlements) and will review a proposed settlement including a Medicare Set-aside and give a written opinion on which the injured party and the attorney can rely, regarding whether the settlement has adequately considered Medicare’s interests pursuant to ’42 CFR 411.46. These proposed settlements are handled on a case-by-case basis, as each situation is different. Once CMS has given its written opinion that the Medicare Set-aside is sufficient to satisfy the requirements at ’42 CFR 411.46, when the Medicare Set-aside established CMS, will monitor its National Medicare Enrollment database confirming the Medicare Set-aside has been established according to the authorization provided.
Related Questions
- Does Medicare give written advance advisory opinions on the sufficiency of a Medicare Set-aside even if the injured party is not as yet entitled to Medicare?
- Does Medicare give written advisory opinions on the sufficiency of a Medicare Set-aside even if the injured party is not as yet entitled to Medicare?
- Are there documentation requirements that must be satisfied before CMS can provide a written opinion on the sufficiency of a Medicare Set-aside?
