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VOLUME 12 February 2006 | ||||||
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IN THIS ISSUE
New Rules for Workers' Compensation Medicare Set Aside Arrangements
Occupational Exposure to Asbestos, Who Pays? James P. Backenson, Esquire and Kimberly A. Jubanyik, Esquire
Liability for Dog Bites in Florida Matthew Leto, Esquire and Addison Meyers, Esquire, Esq.
"Reverse" Racial Discrimination John C. Bobber, Esquire and Jeffrey C. Sotland, Esquire, Esq.
Compensability of Off-Premises Injuries: Jumpp v. City of Ventnor
Technological Advances at MSZL&M Jay E. Mintzer, Esquire
FEEDBACK REQUESTED Mintzer Sarowitz Zeris Ledva & Meyers is seeking feedback from our clients as to what you would like to see in the upcoming issues of the newsletter. We are always interested in ways to improve our offerings to clients and more effectively communicate with you. Send comments to: jmintzer@defensecounsel.com or jsotland@defensecounsel.com |
NEW RULES FOR WORKERS' COMPENSATION MEDICARE SET ASIDE ARRANGEMENTS By David Magaldi, Esquire and Steven Ledva, Jr., Esquire Medicare has now begun its prescription drug coverage as a result of the implementation of the Medicare Modernization Act of 2003. This new coverage will have a dramatic impact on the submission, approval and overall amount of funds allocated to all future Workers' Compensation Medicare Set-aside Arrangements (WCMSAs). The following article is a summary of the new requirements instituted by the Centers for Medicare and Medicaid Services (CMS) pursuant to their recent memorandum issued on December 30, 2005. Beginning on January 1, 2006, all Workers' Compensation settlements must now adequately protect Medicare's interests, not only for future medical services, but also for prescription drugs that would otherwise be reimbursable by Medicare. WCMSA proposals received after January 1, 2006 must include a cover letter with separate amounts for future medical and future prescription drug treatment. In addition, the cover letter must include an explanation as to how the submitter calculated the future prescription drug treatment amount (i.e., actual costs, average wholesale prices, etc.) |
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