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Liability Medicare Set-Aside Arrangements

Introduction and Background Unlike Workers Compensation Medicare Set-Aside (WCMSA) Arrangements, which Independent Life has written about in two prior articles (Part 1) and (Part 2), almost no regulatory authority exists for Medicare set-aside arrangements (MSAs) in third party liability settlements. The Medicare Secondary Payer (MSP) Act, enacted in 1980, requires certain insurers, including liability, automobile,...

Workers Compensation Medicare Set Aside Arrangements – Part 2

Introduction Medicare Secondary Payer experts, including structured settlement and settlement planning professionals whose practice regularly focuses on Medicare Set Aside (MSA) Arrangements, have spent the past couple of weeks analyzing how a recent announcement by the Centers for Medicare and Medicaid Services (CMS) will impact liability MSAs. On October 13, 2022, without explanation, CMS withdrew...

Workers Compensation Medicare Set Aside Arrangements – Part 1

Workers Compensation Medicare Set Aside Arrangements (WCMSAs) have become a strategic subset of the structured settlement market. For this reason, structured settlement and settlement planning professionals should not only maintain up-to-date knowledge of current CMS WCMSA structured settlement rules but also be cognizant of both WCMSA history and current WCMSA structured settlement industry developments. This...

PFAS Litigation and Settlements – A Structured Settlement Opportunity?

PFAS chemicals, litigation and settlements have received considerable attention during the past several years – everywhere it seems except within the structured settlement and settlement planning markets. What are PFAS chemicals and why should they matter to members of NSSTA, AASC and SSP?  Per- and polyfluoroalkyl substances (PFASs), also known as “forever chemicals”, are a...

The California MICRA Amendments

When Governor Newsom signed Assembly Bill (AB) 35 on May 23, 2022, amending California’s Medical Injury Compensation Reform Act (MICRA), it concluded one of the California’s longest running political battles and substantially improved the fairness of California’s medical malpractice statute. The amended law goes into effect January 1, 2023. Among its significant changes, AB 35 raises...

Dominion Assignment Company

Founded by insurance industry experts, Independent Life has challenged traditional conventions and introduced innovation and an impressive roster of world class partners to the structured settlement market – including LKCM Headwater, KKR’s Kilter Finance, Hannover Re U.S. and BlackRock. Our most recent innovation is iStructure – our indexed annuity which combines traditional structured settlement benefits...