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Is it permissible for Medicare to accept an up-front cash settlement instead of establishing a Medicare Set-aside?

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Is it permissible for Medicare to accept an up-front cash settlement instead of establishing a Medicare Set-aside?

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A14. No. An up-front cash settlement is only appropriate in certain instances when Medicare agrees to a compromise in order to recover conditional payments made when the workers’ compensation carrier or liability carrier did not pay promptly (promptly generally means payment will be made within 120 days of receipt of the claim). Thus, when future medical or prescription drug benefits are included in a workers’ compensation or liability settlement agreement, Medicare cannot pay until the medical or prescription drug expenses related to the injury or illness equal the amount of the settlement allocated to future medical or prescription drug expenses or until the amount included for medical or prescription drug expenses in the Medicare Set-aside has been properly exhausted. Q15. How does Medicare determine its interests in workers’ compensation cases when the parties to the settlement do not explicitly state how much of the settlement is for past medical expenses and how much is for futur

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