Medicare Set-Aside Trusts (MSAs): What You Need to Know

When you settle an injury case, part of that settlement often represents money for future medical treatment related to your injury. Medicare's position, under the Medicare Secondary Payer Act, is simple: Medicare should not be the one paying for that future injury-related care when your settlement already included money for it.

A Medicare Set-Aside is the mechanism that honors this. A calculated amount of your settlement is "set aside" specifically to pay for the future injury-related care that Medicare would otherwise cover. Once that set-aside money is properly spent down on approved care, Medicare resumes its normal role.

MSAs come up most often in workers' compensation cases, and they are also a consideration in liability (personal injury) settlements. The question of whether one is required, and how it should be sized, depends on factors including whether you are already a Medicare beneficiary or are reasonably expected to become one soon, and the size and nature of the settlement.

Because the rules are technical and the consequences of getting them wrong are serious, potentially jeopardizing Medicare's payment for your future injury-related care, this is an area where professional guidance is essential. The determination of whether an MSA is needed and how large it should be is typically made with a settlement planner and the relevant guidelines, not guessed at.

MSA money is not general-purpose money. It can only be used to pay for Medicare-covered medical services that are related to your injury. Using it for anything else can put Medicare's payment for your future injury-related care at risk.

There are also reporting obligations. MSA funds must be administered carefully, with accurate records of how the money is spent, and, for workers’ compensation set-asides, an annual attestation to the Centers for Medicare & Medicaid Services (CMS). Liability settlements do not carry that annual attestation duty. Professional administration handles this tracking and reporting so the account stays compliant and your future coverage stays protected.