In their Trial Practice column, Robert S. Kelner, the senior partner at Kelner and Kelner, Gail S. Kelner. an attorney with the firm, and Joshua D. Kelner, an associate with the firm, write: "In recent years, Medicare has become the bane of the existence of lawyers who practice personal injury law, both on the plaintiff's and defendant's sides. The agency has claimed, through a handful of grossly ambiguous policy memoranda, that its purported "future interest" in settlements must be considered. As a result, so-called Medicare Set Asides?sometimes referred to as MSAs?have become increasingly prevalent."
Medicare Set-Asides: An Uncertain Legal Landscape
New York Law Journal
September 25, 2012
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