“The insurance company is suggesting we need a Medicare Set Aside trust. Can you do this? What should it look like?”
At the present time, there are no regulations requiring a Medicare set-aside arrangement in a personal injury situation. Although, there is a requirement to protect Medicare’s interests when there has been a personal injury settlement. So there are situations where the defendant will be requesting a Medicare set-aside arrangement be established.
We’ve been asked to assist in creating a necessary trust for this. We’ve had situations where an individual needs their money to be in a special needs trust in order to remain eligible for certain public benefits, and you can make this Medicare set-aside also a special needs trust. Or you can have a special needs trust with a sub Medicare set-aside arrangement. Both of those are an option.