What information should the attorney review with the client to insure the client understands his or her obligations under the settlement?
A.79. There are a number of areas the attorney needs to discuss with the client and these include: a. Settlement documents. These are not boilerplate documents and each is tailored to the individual situation to include provisions dealing with social security offset, Medicare Set- aside (self-administered or professional administration) coverage, Medicare or other repayment obligations and accounting responsibilities b. Informed Consent. The client must make an informed consent as to the implications the settlement will have on future entitlement to Medicare, Medicaid, group health insurance or other available health coverage, short/long term disability coverage or pension plans, etcY c. Notice of Consequences of the Settlement. The client must understand the entire settlement as to past, current or future indemnity, as well as, medical benefits and any repayment obligations which must be paid from the settlement. d. Other documents provided by CMS. Normally, CMS will provide a sample
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