By: Gregory Lisowski
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The Use of Future Medical Cost Projections
Have you struggled with what it means to “consider Medicare’s interests” where your case does not fall within the CMS review thresholds. While CMS has not specifically defined how it wants the parties to consider its interests where a settlement does not meet their review thresholds, it has made it clear that the review thresholds are a workload limit for them, and not a safe harbor from the requirements of the Medicare Secondary Payer Act. We at MSA Services, LLC recommend that a future medical allocation be included in the stipulations or release that is based upon the actual future medical exposure in the case. MSA Services, LLC can provide a defensible future medical allocation that is based upon the actual exposure rather than a random number or percentage of the settlement. We can also provide you with a future cost projection for a liability cases, or to be used as evidence at a settlement conference or mediation. For more information please check out our website or feel free to contact me directly.
Gregory F. Lisowski, JD MSCC