The Changes Medicare Needs - 2005 Words

A number of changes to both state workers compensation laws and the MSPA would eliminate the problems inherent in the current system. These solutions include modifying state workers compensation laws to permit the parties to settle only the indemnity portion of the claim in states that do not already do so, applying the MSPA only to cases in which the primary payer is legally obligated to pay, instituting a safe-harbor threshold amount for settlements, creating a right of appeal from Medicares rejection of a settlement proposal, and allowing claimants to waive their rights to certain treatments under Medicare. Any one of these changes implemented on its own would be an improvement, but implementing all of them would create a much fairer system. A. State Legislative Remedies The Medicare set-aside requirement is intended to prevent workers compensation insurers from shifting the expense of the claimants future medical treatment to Medicare. It is therefore only a hindrance to settlement when the settlement is intended to include compensation for future medical expenses. Some states have enacted workers compensation laws that permit the settlement of only the indemnity portion of the claim, ending the insurers liability for that portion while leaving the medical aspect of the claim open. In such instances, the insurer remains liable for the claimants future medical treatment, and there is therefore no potential for shifting the cost to Medicare. As such, MedicareShow MoreRelatedMedicaid And Medicare : Health Care For Individuals And Families With Low Income1605 Words   |  7 PagesThe government has two programs that provide health care to specific groups of people in the United States known as Medicaid and Medicare. Afte r President Johnson signed the Social Security Act in 1965, the government created these two programs. Each of the programs have their own eligibility requirements, coverage, and cost. 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