An Examination of the Role of Structured Settlements in Funding Medicare Set-Asides
March 14, 2022
Rasa Fumagalli JD, MSCC, CMSP-F & Samantha Webster
Many Medicare Set-Aside (MSA) arrangements today are funded with structured settlements. There are some very good reasons for doing so, which are discussed below. However, it is critical to …
Saving a Settlement
February 8, 2022
Rasa Fumagalli JD, MSCC, CMSP-F
Most workers’ compensation attorneys have probably encountered a CMS WCMSA determination that is higher than the original Workers’ Compensation Medicare Set-Aside proposal that was submitted for review. A higher WCMSA determination post …
Advanced Strategies for Closing Cases Compliantly: A Case Study
November 11, 2021
In the confusing landscape of public benefits and planning issues that arise today for trial lawyers when settling catastrophic injury cases, finding your way can be a daunting task. Many
questions come up such as should the …
#3 | Since You Asked: Synergy’s Workers’ Compensation Medicare Secondary Payer Advice Column
October 14, 2021
Rasa Fumagalli JD, MSCC, CMSP-F
As we reflect on the 20th anniversary of the devastating September 11, 2001, terrorist attacks on US soil and all the lives lost, we cannot forget the heroic efforts of all …
Understanding Structured Settlements and Medicare Set-Asides
October 14, 2021
Settlement – What to Consider for a Medicare Set-Aside (MSA)
When settling a case involving a current Medicare beneficiary and before finalizing, it is important to understand what actions need to be taken to consider …
Primary Payer Status Shifts from Liability Carrier to Plaintiff Post-Settlement
Rasa Fumagalli JD, MSCC, CMSP-F
In Penelope Stillwell v State Farm Fire and Casualty Co., et al. case (2021 WL 4427081), a plaintiff attempts to impose primary payer status on a liability insurer post-settlement via a qui tam action …
Beware of “Conscious Ignorance” Exception to Mutual Mistake Challenge to a Contract
September 9, 2021
Rasa Fumagalli JD, MSCC, CMSP-F
The American Bar Association’s Model Rules of Professional Conduct provide a blueprint for attorneys to follow when representing clients. The first Rule and arguably one of the most important ones, outlines a …
#2| Since You Asked: Synergy’s Workers’ Compensation Medicare Secondary Payer Advice Column
September 9, 2021
Structured settlements may be used to fund a Workers’ Compensation Medicare Set-Aside (WCMSA). Samantha Webster, Synergy’s Director of Case Management, addresses two common questions that come up about funding of a WCMSA with a structured …
What Should You Do About Possible Health Insurance Liens?
August 12, 2021
When handling a third-party liability case and you know your client had health insurance that paid the medical expenses, should you check to see if there is a lien interest on the settlement funds? …
#1 | Since You Asked: Synergy’s Workers’ Compensation Medicare Secondary Payer Advice Column
July 28, 2021
Rasa Fumagalli JD, MSCC, CMSP-F
Introducing “Since You Asked,” Synergy’s first in a series of columns addressing MSP compliance questions in the area of workers’ compensation.
Question:
“My client is settling her case and does not know …
