On September 5, 2012, the U.S. District Court for the Eastern District of North Carolina approved a liability settlement and the establishment of a $4,500 Liability Medicare Set-Aside. Because Medicare does not currently require or approve Medicare Set-Asides when personal injury cases are settled, the litigants felt it necessary to go to federal court for certainty that they complied with their obligations under the Medicare Secondary Payer (MSP) provisions. After paying an undisclosed amount of attorney’s fees to go to court, the parties got the certainty they were looking for.
Reading cases like this makes me wonder if I’ve tumbled down the rabbit hole with Alice and landed in Wonderland. There should be a better way for settling parties to obtain some certainty that they are complying with the MSP Statute than having to spend the time and money to go to federal court.
Click here to view Cribb v. Sulzer Metco U.S., Inc