Faster Workers’ Compensation Settlements Involving Medicare

by admin on April 5, 2012

Workers’ compensation settlements across the United States, including Pennsylvania, have been either prevented or delayed because of long approval delays from Medicare. A potential solution to this problem might be on the way though. In the majority of cases, if the workers’ compensation settlement compromises either past or future medical treatment liabilities, then Medicare has to give approval to the settlement before it can even be presented to a Workers’ Compensation Judge for potential approval with a Petition for Compromise and Release.

In March of 2011, Pennsylvania Congressman Tim Murphy (R) as well as Wisconsin Congressman Ron Kind (D) introduced a new bipartisan legislation named the Strengthening Medicare and Repaying Taxpayers (SMART) Act, H.R. 1603. What this act essentially does is authorize Medicare to provide settling parties with a timely notice of MSP obligations before actual settlement takes place. This in turn causes the overall speed of the settling process to become faster.

For instance, under the act the government would have to provide the conditional amount of payment within 65 days of initial request so that the filing parties can successfully settle their cases for workers’ compensation. The SMART act also provides the settling parties with the right to appeal Medicare determinations.

If you are getting the run-around with your workers compensation claim, pick up the phone and speak with an experienced Pennsylvania Workers Compensation attorney for free and find out what rights you have – and what can be done about it.

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