Q: How long does it take to set up a WCMSA with medicare? Will it take months before I know something?
If the question you mean to ask is how long does it take to get approval for an MSA, the answer is that it depends how you go about it. If you have the ability and resources to do it yourself, it is possible to get approval in 45 to 60 days. If you use a third-party provider, it could take 6 to 9 months. You also need to understand that if inaccurate or incomplete medical records are provided to CMS, they may request an MSA that is higher than the Respondent is willing to pay. When that happens, the Respondent may need to supply more records or even have the Petitioner re-examined for Dr. to make the specific finding necessary to satisfy CMS. As you can see, when this is necessary, it could easily add several months to the timeframe. That said, this should not be of any concern to you because it is possible to settle the case where the Respondent agrees to be responsible for funding an MSA as ordered by CMS. You don't own the MSA and you cannot spend the money on anything other than care related to your injury that is approved by Medicare and bill that Medicare's rates. If you use the money for any other purpose, Medicare will become aware of that fact in an annual audit and your Medicare benefits will be suspended until the benefits that Medicare would otherwise be obligated to pay exceed the shortfall in your MSA.
All of this is to say that the terms of an MSA should be between your attorney and the Respondent's attorney and CMS. You don't have any say in it. If the MSA is to be self-administered, you would receive instructions but the logistics of funding it really have nothing whatever to do with you or your settlement.
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