District Court of New Mexico: “The uncertainty created by CMS's repeated failure to clarify its position on requiring MSAs in personal injury settlements is proving burdensome to the settlement process.”
The United States District Court for the District of New Mexico has issued an interesting decision involving the uncertainty for the need of a Liability Medicare Set-Aside (LMSA) in a medical malpractice settlement involving a Medicare beneficiary. The case is captioned Silva v. Burwell, 2017 U.S. Dist. LEXIS 195032 (November 28, 2017). A copy of the decision can be found here.
A plaintiff in a medical malpractice action (“Plaintiff”) settled his claim with hospital and physician ...
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