Medicare and Liability Settlements: How to Spot Issues and Consider Medicare’s Interests

Daniel Hayes
Litigation and Risk Management Services, Medicare Settlement Solutions, Workers' Compensation

Introduction When resolving a liability claim involving medical treatment, the parties are required by federal law, pursuant to the Medicare Secondary Payer Act (MSP), 42 U.S.C. 1395y(b)(2), to consider Medicare’s interests with regard to the settlement of the medical portion of the claim.  The intent of the MSP is to prevent settling parties from shifting…