What are the consequences of non-compliance with the CMS statute?
If a Medicare set-aside allocation is not developed when required, the consequences of non-compliance can be severe. Future medical care may be denied to the claimant. CMS may also sue the claimant, his or her attorney, or the insurance carrier, or designate their own allocation. A malpractice suit may also be carried out against the attorney for failing to obtain the report.
