[blindlaw] Any employment law lawyers out there?

[Ross Doerr]

Hi Will:
Good points, but this language comes from a settlement in an employment law 
whistleblower case, and I am now told that this is "required". I found that 
to be a bit confusing in this context, but do understand it in a worker's 
comp matter or one involving Medicare or Medicaid.
That was my reason for the post.
I'll look over the web site, thanks, I appreciate the response.
Ross

----- Original Message ----- 
From: "William T. Miller" <william_t_miller at hotmail.com>
To: "'Blind Law Mailing List'" <blindlaw at nfbnet.org>
Sent: Saturday, August 25, 2012 1:41 PM
Subject: Re: [blindlaw] Any employment law lawyers out there?


> 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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