[blindlaw] Any employment law lawyers out there?

William T. Miller william_t_miller at hotmail.com
Sat Aug 25 17:41:26 UTC 2012


Hi Ross,
I'm not an employment law attorney, but I have had some experience with
Medicare and Medicaid liens in the context of personal injury cases. The
language you posted is probably for Workers' Comp cases.  I do not know how
it would be relevant in the employment context unless its Workers' Comp...
or maybe an injury that occurred in the employment context and is exempt
from Workers' Comp by state law? The Medicare Secondary Payer Act generally
requires that Medicare's interests be considered in settlements that involve
payment for future medical expenses where the claimant currently receives
Medicare or is likely to begin receiving it in the near future. Here is a
useful website on the topic (The Medicare Secondary Payer Recovery
Contractor website):

http://www.msprc.info/

Medicare (and Medicaid, if applicable) must also be considered and notified
in cases where they have paid a claimant's medical expenses resulting from
an injury, and the claimant is subsequently reimbursed for medical expenses
as part of a liability settlement.
 
Kind regards,

Will


Will Miller

Attorney at Law

William T. Miller, P.A.

P.O. Box 7

Kernersville, NC 27285

(336) 497-5160 (phone)

(336) 497-5161 (fax)

william_t_miller at hotmail.com

-----Original Message-----
From: Ross Doerr [mailto:rumpole at roadrunner.com] 
Sent: Thursday, August 23, 2012 8:03 PM
To: NFBnet Blind Law Mailing List
Subject: [blindlaw] Any employment law lawyers out there?

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.






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