[blindlaw] Any employment law lawyers out there?
Alcidonis Law Office
attorney at alcidonislaw.com
Fri Aug 24 05:45:07 UTC 2012
Ross:
It's unclear from your question for which parts of the requirements you need
statutory authority. The requirement you have cited also applies to personal
injury cases, which I deal with quite a bit. The language you posted in
your e-mail is pretty much standard on releases dealing with this issue. Did
you take a look at the Medicare Secondary Payer Act?
In personal injury settlements, we also put language in the release to shift
the requirement to the client just in case. Let me know if you need sample
language and I will send it your way.
Take care
Rod Alcidonis, Esquire.
Alcidonis Law Office, LLC
2824 Cottman Avenue
Suite 15
Philadelphia, PA 19149
Tel: (215) 305-8085
Fax: (215) 525-0999
Work: Attorney at alcidonislaw.com
Listservs: lawoffice at alcidonislaw.com
Licensed in Pennsylvania and New Jersey.
-----Original Message-----
From: Ross Doerr
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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