Recalling the halcyon days of simple general releases extinguishing third party liability for any and all claims for economic and non-economic damages asserted by injured Plaintiffs, the administrative nightmares imposed by the Medicare Secondary Payor Statute, 42 U.S.C. § 1395, are now obsequiously ubiquitous for those of us involved in the resolution and extinguishment of third-party liability for personal injuries, as well as for workers’ compensation claims, with the responsibility now being imposed on both sides of the litigation “v”, settlement recipients, being Medicare-eligible Plaintiffs, and those “responsible” for the “injury” that ultimately necessitates future medical care otherwise falling under Medicare reimbursement protocols, in the absence of Medicare’s reimbursement interest being protected under a formal Medicare Set-Aside.
