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The James Street Group Form

The James Street Group Form

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my name is Clayton Starnes and I'm an attorney with the plaintiffs resource and I get phone calls from attorneys all the time asking if a Medicare set-aside is required in liability cases and it's a gray area we have a lot of guidance from CMS we have a CFR on the books with regards to workers comp in workers comp only the first Medicare set-aside was done in 1995 by a law firm out of Colorado who got pretty creative and said let's look at that 1980 statute if there is a recovery for future medical expenses Medicare is also secondary and so the idea of a Medicare set-aside was born and was submitted to CMS for review again this was only a worker's comp Medicare set-aside and of course Medicare loved it it was approved in about eight years ago by where we're teaching Medicare Medicare is teaching us how to do a Medicare set-aside in a worker's comp settlement nothing about liability in 2003 we have a CFR that says when you have to protect Medicare's future interest in a workers comp cas

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