I Don't Need there's anymore I'm Covered Under My Husband And I Have Medical And Medicare
You cannot shift the medical expenses of your comp injury over to Medicare. If you are Medicare eligible, then the settlement will be in a Medicare Set Aside trust account, and you will not have unfettered access to the money.
This answer is intended as general information and not as specific legal advice.
It is possible to negotiate a Medicare Set Aside (MSA) in Alabama, but to do so requires several considerations. First, the workers’ compensation carrier has to agree to work with you, which carriers typically do only if it will save them money in the future. Carriers determine their potential savings by obtaining cost projections and analyzing the medical and financial data. Carriers sometimes fail to engage in a full, fair and accurate assessment of anticipated future medical treatment and costs. Second, consider whether there are costs that Medicare does not cover that workers’ compensation would otherwise be required to cover, which can change over time as Medicare rules evolve (mileage reimbursements are lost and certain medical appliances may not be covered/available through Medicare). Third, ensure that the MSA is professionally administered. Fourth, consider how the annuity that funds the MSA will be distributed upon your death since it is possible that the annuity or unused funds will be on hand at that juncture. Fifth, consider whether the carrier will pay you an incentive payment or expense reimbursement as part of the MSA implementation process. Sixth, refrain from having the state court judge enter a final Order closing benefits unless Medicare has fully executed an acceptable MSA plan, which may require more than one hearing with the judge. Seventh, consider how valuable it is to you under your individual circumstances to have control over your selection of medical providers to treat your work-related medical problems since utilization of the MSA extricates the worker from the requirement of obtaining treatment exclusively through the employer’s authorized treating physician. In the interim, seek medical care for the work injury exclusively from the employer’s authorized treating physician(s) to avoid the risks associated with submitting claims for non-covered work-related claims under a private or government health insurance plan.
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