The Law Offices of Beverly Manley & Associates, P.C. is an independent firm of attorneys and certified nurse life care planners serving the workers' compensation community nationwide. Founded in 1995, this firm assists counsel, insurance carriers, self-insured employers, and third party administrators in settling workers' compensation and liability claims while preserving the claimant's Medicare eligibility. Considering Medicare's interests under the Medicare Secondary Payer (MSP) Act and avoiding burden-shifting for future medical care in the settlement agreement involves setting aside a portion of the settlement (the set aside funds) to cover medical care needed for the injury that would otherwise be covered by the claimant's Medicare entitlement. If the Centers for Medicare & Medicaid Services (CMS) determine that the set-aside amount is adequate, Medicare will agree to primary payer status once the Medicare set-aside funds are exhausted.
To ensure that any subrogation interests held by Medicare are satisfied pursuant to the MSP Act and regulations, Medicare recovery claims must also be resolved. Our attorneys offer legal services to maximize the amount of disability benefits while preserving the claimant's eligibility for receipt of Medicare benefits.
*** ATTENTION NEW AMENDMENT TO MSP ACT ***
Medicare, Medicaid, & SCHIP Extension Act of 2007
For additional information on Medicare, see the Medicare & You Handbook .
If you would like to check the progress of the claimant's MSA allocation see the Online Case Status Inquiry.
The following consulting services are available:
- Legal Opinion as to Necessity of MSA;
- Complete Medicare Set Aside Allocation;
- Obtain CMS approval of Medicare Set Aside Arrangements;
- Assist with MSA Language in Settlement Agreement;
- Determine existence and amount of Medicare Recovery Claim and Seek Compromise or Waiver of the recovery Claim;
- Assist Parties in Negotiating Settlement;
- Consult on Settlement Generally;
- Attend Settlement Mediations;
- Complete Medical Cost Projections
ATTENTION: Attorneys or Insurance Representatives:
If you have a claim you would like to have reviewed for determination of which services might be necessary or appropriate in connection with your settlement, please print out the Intake for Workers' Compensation settlements form, complete and email or fax.