MSP Compliance Alert: Newsletter Volume 5 - Saber Solutions
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MSP Compliance Alert: Newsletter Volume 5

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:

  1. The plaintiff has applied for Social Security Disability benefits
  2. The plaintiff has been denied Social Security Disability benefits but anticipates appealing decision
  3. The plaintiff is in the process of appealing and or re-filing for Social Security disability
  4. 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
  5. 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