[blindlaw] Any employment law lawyers out there?

[Ross Doerr]

To any employment law attorneys out there - it is my understanding that there must now be Medicare language in employment law settlements. It is supposed to be required language now.

 As I understand it, no set-aside is required for

settlements under $25,000.

Can anyone tell me what statute or regulation requires this component? I'm looking for authority here.  

This is some draft language I've picked up - 

*Medicare Reporting Requirements.  The parties have considered Medicare's interest in this matter, if any, and Employee declares and expressly warrants that he is not Medicare eligible nor

within thirty (30) months of becoming Medicare eligible; is not 65 years

of age or older; is not suffering from end stage renal failure; has not

received Social Security benefits for 24 months or longer; and has not

applied for Social Security disability benefits, and/or has not been

denied Social Security disability benefits and appealing the denial; and

therefore, no Medicare Set Aside Allocation is being established.

Employee attests that the claims released herein are not related to any

illness or injury for which Employee would apply or receive Medicare

benefits. Employee understands that he is required by law to disclose

this information to Employer and its attorneys in connection with this

Agreement.  Employee understands that failure to do so may result in

penalties being assessed against Employee, the parties, and attorneys.

Employee declares and warrants that he is aware of the requirements of

the Medicare Secondary Payer Act ("MSP"). Employee understands that

Medicare has an interest in recovering any benefits paid when it is used

as a source of secondary payment.  Employee therefore agrees to release,

hold harmless, and indemnify Employer and the Employer Releasees from

any remedies, reprisals, or penalties that result from Employee's

failure to disclose or release his status as a Medicare beneficiary.  In

the event that any of the above information provided by Employee is

false or in any way incorrect, Employee shall be solely liable for any

and all actions, causes of actions, penalties, claims, costs,  services,

compensation  or the  like  resulting from these  inaccuracies.

Employee acknowledges that Medicare may require him to exhaust all of

the payments in Section 4.A. on Medicare covered expenses should he

become Medicare eligible within thirty (30) months.  Employee waives any

claims for damages, including a private cause of action provided in the

MSP, 42 U.S.C. Section 1395y(b)(3)(A), should Medicare deny coverage for

any reason, including the failure to establish a set aside allocation to

protect Medicare's interest.