07 Dec MSP Compliance Alert: Newsletter Volume 5
What is “a reasonable expectation” of Medicare enrollment within 30 months of settlement?
It is obvious and easy to contemplate MSP compliance if your client is a current Medicare beneficiary at the time of settlement. However, CMS has stated there are situations where a plaintiff has a “reasonable expectation” of Medicare enrollment within 30 months after settlement and you still must comply with the MSP act:
- The plaintiff has applied for Social Security Disability benefits
- The plaintiff has been denied Social Security Disability benefits but anticipates appealing decision
- The plaintiff is in the process of appealing and or re-filing for Social Security disability
- The plaintiff is 62 years and 6 months old at time of settlement and will be eligible for Medicare based on age within 30 months
- Plaintiff has End Stage Renal disease
Saber Solutions provides Liability Medicare MSP analysis through a full review of the facts to determine the best solution for compliance