Frequently Asked Questions
Workers Comp and Medicare Set-asides


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Q11. Compromising of Future Medical Expenses

Does CMS compromise or reduce future medical expenses related to a WC injury?

A11. No. Some submitters have argued that 42 C.F.R. ยง411.47 justifies reduction to the amount of a WCMSA. The compromise language in this regulation only addresses conditional (past) Medicare payments. The CMS does not allow the compromise of future medical expenses related to a WC injury.