Medicare Issues

Since 2001, Walton Lantaff has worked with insurers to protect Medicare’s interests pursuant to the Medicare Secondary Payer Statute (42 U.S.C. 1395y(b)(2)) (the MSP). Compliance with the federal statutes and regulations that support the MSP encompasses a fast-paced, and constantly changing legal landscape. It requires dedicated attorneys with the knowledge and experience to monitor the new developments in the industry and federal cases interpreting the statute and regulations promulgated by the Centers for Medicare and Medicaid Services (CMS). Walton Lantaff’s Medicare department offers a range of services for both workers’ compensation claims and liability cases. These services include:

Assessment of legal obligations on a case-by-case basis

• Conditional payment investigation and resolution
• Assessment of legal obligations to protect Medicare’s future interests (the decision to utilize a medicare set-aside)
• Review and analysis of proposed future Medicare Set-Aside Allocations including CMS submission
• Perform informal future medical cost projections
• Revisions of MSA Allocations
• Drafting appropriate release language for the settlement of cases involving the Medicare beneficiary
• Legal consultation regarding the reasonable protection of Medicare’s interests while negotiating settlements
• Legal consultation regarding the MMSEA § 111 reporting provisions

Walton Lantaff’s Medicare Consulting practice group is spearheaded by partner Michele Ready, of the Miami office. Ms. Ready is a member of NAMSAP (National Association of Medicare Set-Aside Professionals) and has lectured throughout the state of Florida regarding Medicare Set Asides and Mandatory Insurer Reporting issues. She is one of the few attorneys in the State of Florida who has obtained the Medicare Set-Aside Consultant-Certified (MSCC) designation assigned by the ICHCC.

Please contact partner Michele Ready for further information, 305-671-1344.