Greentop, MO asked in Health Care Law and Workers' Compensation for Missouri

Q: Medicare Stipulation concerns

My husband is getting ready to sign on a work comp settlement. The amount has already been agreed upon. He has signed all the documents, but there is one that concerns us which is the Medicare Stipulation.

According to this document, if he should seek out future medical treatment that relates to the injury and attempts to have Medicare pay for the treatment, they may refuse and he may be forced to pay at his own expense.

He was rated with a 29% disability of his knee. There is a good chance he may have to have another surgery someday. Can we refuse to sign the Medicare Stipulation? Is the Medicare Stipulation required for all settlements or only ones over a certain dollar figure?

1 Lawyer Answer
Tim Rose
PREMIUM
Tim Rose
Answered
  • Workers' Compensation Lawyer
  • Lehi, UT

A: This link should give you some further information on Medicare with regard to settlements. You should consult with an attorney for any specific questions. https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Workers-Compensation-Medicare-Set-Aside-Arrangements/WCMSA-Overview

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