A Special Needs Trust, also called a Supplemental Needs Trust ("SNT"), ensures that a catastrophically injured person will have their long-term medical and subsistence needs provided for without sacrificing their basic support or depleting their funds. In this article, Arcadia's John McCulloch discusses Special Needs Trusts: their purpose, safeguards, and what they can provide compared to Medicaid and SSI.

As we approach the 17th anniversary of Workers' Compensation Medicare Set-Aside Arrangements, studies have shown that savings average about 34 percent when utilizing a Medicare Set-Aside (MSA) rather than the lump sum amount. What arises is a question as to why anyone would submit an MSA for approval by the Centers for Medicare & Medicaid Services (CMS) as a lump sum only.

The Bipartisan Budget Act of 2018 included a critical change for anyone handling a case with a Medicaid lien: Section 53102 fully repeals Medicaid’s expanded third-party recovery rights. Medicaid can now only seek reimbursement from a portion of the settlement allocated to medical costs. Medicaid cannot recover monies from lost wages, pain and suffering or any other damages awarded to the injured party.

One item in President Donald Trump's proposed 2018 budget could have a major impact for workers' compensation payers: the elimination of the reverse offset in benefits for those who receive both workers' compensation and Social Security Disability Insurance (SSDI). David J. Korch, VP of Workers' Compensation and Medicare Practices at Arcadia, discusses the history of federal legislation and breaks down the potential impact that eliminating the reverse offset could have to reducing the cost of settlements.