On October 15 – 16, 2009  Delta Settlement Solutions was a sponsor at the Florida Justice Association Seminar, held in Orlando, FL.   The event was a great way to meet and greet our colleagues and introduce our services.  Erica Cooper, Manager of Medicare Services and Compliance of Lien Settlement Solutions (a Delta Company) gave a comprehensive presentation regarding compliance under the MSP statute, titled “CMS Compliance Does Not Have To Be A Nightmare”.   Below, Erica gives her thoughts, observations of the event, and additional insight into Liability MSAs.

 The Florida Justice Association is a great organization.   I have had the opportunity to learn the admirable members of the FJA as well as the broad education and strong foundation it provides to our legal community.  It is a privilege to support a group such as the FJA.

Many of the participants in attendance expressed great concern when handling Liability cases and whether or not an MSA is required?  For whatever the reason the industry has made an already complex matter more difficult to implement in attorneys day to day practice.  So allow me to provide as much clarity as I can regarding this matter.

We first have to remember that MMSEA Section 111 has nothing to do with Medicare Set-Asides.  Secondly an MSA is only considered such when an allocation is submitted to CMS.  Otherwise, when an analysis of future medical costs is created it is simply an allocation. 

Protecting Medicare’s interest is relevant to all Workers Compensation, Liability, and No Fault claims.  For both past and future medical expenses paid and that can be expected to be paid.  Lack of a “formal” review process by CMS for proposed Liability MSA’s, does not dismiss the necessity of an allocation to protect Medicare’s interest for future medical expenses.  When addressing this topic there are two questions: 

1)      Do you need to allocate?

2)      Do you need to submit the allocation to CMS for review? 

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