Workers’ compensation, or workers’ comp, is a state-based program that pays for healthcare that is needed as a result of job-related injuries. Medicare can help you cover costs that workers’ compensation cannot.
Full Answer
What does Medicare have to do with workers compensation?
This new interest by Medicare can cause great problems for all participants in a workers compensation system. Medicare has a very broad scope of authority with regard to collecting payments from other sources. This broad right is contained in Section 1862 (b) of the Social Security Act, which was codified at 42USC Section 1395 (y).
What happens to Medicare when you settle a workers'compensation claim?
As part of settling your workers' compensation claim, you must repay Medicare for any Medicare payments for workers' compensation claim-related services you already got. If you settle your workers' compensation claim, you must use the settlement money to pay for related medical care before Medicare will begin again to pay for related care.
What happens if Medicare does not pay workers compensation?
If Medicare does make a payment in a workers compensation case, Medicare is given a priority right of recovery to its expenditure. Thus, any payment made by Medicare is considered a lien.
How long does it take Medicare to pay for workers comp?
There can be a delay between when a bill is filed for the work-related illness or injury and when the workers' compensation insurance decides if they'll pay the bill. Medicare can't pay for items or services that workers' compensation will pay for promptly (generally 120 days).
What is workers compensation?
Register. Workers’ compensation is a state-administered program that pays for health care and other claims for job-related injuries. If you have Medicare and file for workers’ compensation, workers’ compensation pays primary for any care related to your accident or injury.
What is the number to call for workers compensation?
When you file a claim with your workers’ compensation insurer, you should also call the Medicare coordination of benefits contractor at 800-999-1118 and report the claim. If you plan to settle your workers’ compensation claim, it is important to set aside funds in a special account called a Workers’ Compensation Medicare Set-Aside Agreement.
How long does it take for Medicare to pay your health care bills?
If workers’ compensation does not make a decision about paying your health care bills within 120 days, Medicare may make conditional payments. A conditional payment is when Medicare temporarily pays in place of workers’ compensation.
Does Medicare have to be paid back after a workers compensation claim?
Then, once your workers’ compensation claim is settled or a final decision or award is reached, Medicare must be paid back for payments it made that were for services related to the accident or injury.
Where did Medicare start?
Medicare's Perspective. The activity began in the western states, specifically lawsuits filed in Colorado and Texas. The Healthcare Financing Administration has forwarded letters to several workers compensation carriers regarding Medicare's rights in the context of workers compensation.
What is Medicare's authority?
Medicare has a very broad scope of authority with regard to collecting payments from other sources. This broad right is contained in Section 1862 (b) of the Social Security Act, which was codified at 42USC Section 1395 (y). Applicable regulations describing and explaining this section are contained in 42C.F.R. Part 411.
What is the meaning of paragraph (a) of Medicare?
Paragraph (a) (1) indicates that if a compromise settlement allocates a portion of the payment for medical expenses and also gives reasonable recognition to the income replacement element, that apportionment may be accepted as a basis for determining Medicare payments.
What is the basic rule with regard to lump sum compromise settlements?
However, in paragraph (d), this section notes that the basic rule with regard to lump sum compromise settlements is: "If a lump sum compromise settlement forecloses the possibility of future payment of workers compensation benefits, medical expenses incurred after the date of the settlement are payable under Medicare.".
How long does Medicare look at minor injuries?
In light of this statement, it is conceivable that Medicare would wish to look at resolutions regarding minor injuries and examine settlements regarding claimants who might not qualify for Medicare benefits for at least 20-30 years.
Is there an illegal shift in workers comp to Medicare?
Workers Compensation and Medicare. Medicare now believes there has been an illegal shift of medical benefits from workers compensation insurers to Medicare. To stem this flow, Medicare hopes to examine all workers comp settlements, even when claimants do not qualify for Medicare benefits. See what may be in store in this controversial area.
Is a lump sum compromise a workers compensation payment?
In Section 411.46 (b), Medicare indicates that a lump sum compromise settlement is deemed to be a workers compensation payment for medical purposes, even if the settlement agreement indicates that there is no liability under the workers compensation law or plan.
Social Security Disability Payments
With the exception of a few situations, Social Security Disability Insurance (or SSDI) benefits will be reduced while you receive Workers Compensation, so that the total monthly amount that a disabled worker receives is no more than 80% of the amount earned when fully employed.
Medicare Recipients and Workers Compensation
Medicare provides health insurance for many individuals in the United States. If a claimant’s workers’ compensation claim is denied the claimant may request that Medicare make a “conditional payment” and provide coverage for treatment related to the alleged injury. You can learn more about this here on Medicare’s website.
Does Medicaid Affect Workers Compensation?
There are a number of different ways that a claimant may be entitled to Medicaid and in most cases Medicaid eligibility is based upon financial need.
Concerned About How Workers Comp Affects Benefits?
BNTD Law has experience handling Workers Compensation cases in South Carolina, and our own Allison Sullivan is currently President-elect of Injured Workers Advocates and Marti Bluestein is a past President of Injured Workers Advocates . When filing for Workers Compensation, you deserve legal representation dedicated to your individual rights.
What is the recommended method to protect Medicare's interests?
The recommended method to protect Medicare’s interests is a WCMSA. The amount of the WCMSA is determined on a case-by-case basis. To assist you in determining if a WCMSA is reasonable, please review Section 15.1 (Criteria) in the WCMSA Reference Guide.
What is a WCMSA?
A Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) is a financial agreement that allocates a portion of a workers’ compensation settlement to pay for future medical services related to the workers’ compensation injury, illness, or disease. These funds must be depleted before Medicare will pay for treatment related to the workers’ compensation injury, illness, or disease.
Is WCMSA a CMS submission?
While there are no statutory or regulatory provisions requiring that a WCMSA proposal be submitted to CMS for review, submission of a WCM SA proposal is a recommended process. More information on this process can be found on the WCMSA Submissions page.
What is Medicare set aside?
This is discussed in several places on this website and is known as a Medicare Set-Aside (MSA). Workers’ compensation is managed by the state where you work. Medicare is a federal program. Generally, the bills for work injuries are submitted to the insurance company for your employer.
Can you request Medicare to pay for set aside?
Only when the set-aside amount is used up can the worker request that Medicare pay for any other future medical bills. To ensure that Medicare isn’t paying more than it should, if the worker is a current Medicare recipient, he or she must obtain the OK from Medicare for set-aside amount.
Can you go back to Medicare after a settlement?
Once a settlement is made, the employee can’t go back and ask for more. That being said, the beauty of a formal Medicare Set-Aside is that once the money is used up, the worker can then turn to Medicare to cover his or her treatment related to the work injuries.
Can older workers get medicare?
Many older workers who are injured on the job or suffer an occupational illness are entitled to both Medicare and Worker’s Compensation benefits. There are two general issues involving Medicare. The first involves the regular medical submissions from doctors and other health providers while the employee is getting treatments so they can return ...
