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CMS Pub. 100-05, ch. 1, § 20.4.1

Workers’ Compensation Medicare Set-aside Arrangements (WCMSAs)

activein force · 2026-08-25 – presentas-observed

WC insurers, agencies, and attorneys have significant responsibilities under the MSP

provisions of the Social Security Act to protect Medicare’s interests when resolving WC

cases. Because Medicare does not pay for an individual’s WC -related medical services

and/or prescription drugs when the individual receives a WC settlement, judgment, or

award that includes funds for future medical and/or prescription drug expenses, it is in the

best interest of the individual to consider Medicare at the time of settlement, as required in

1395y(b)(2). For this reason, CMS recommends that parties to a WC settlement set aside

funds, known as WC Medicare Set -Aside Arrangements (WCMSAs) for all future medical

and/or prescription drug services related to the WC injury or illness/disease that would

otherwise be reimbursable by Medicare.

See Pub. 100-05, Chapter 1, §20, for the definitions of a "Set- Aside Arrangement,” “Workers’

Compensation Medicare Set-Aside Arrangement.”

History

(Rev. 11755, Issued:12-21-22, Effective: 01-23-23, Implementation: 01-23-23)

Provenance

Source
cms.gov
Retrieved
2026-08-25
Edition
iom-2026-08-25
Content hash
7383be15e20c478f75c70e71bb0e647bec93d2324872e9e94fd5020cbde3ad85
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