Medicare Conditional Payments & Asbestos

The date of exposure ending before 12/5/1980 or on and after this date is important especially for Medicare. The latency period for Mesothelioma development is 15-40 years and 10–20 years for asbestosis. Most asbestos claimants are over the age of 65, many are already receiving Medicare and VA benefits. It is important to know the recovery rights of these agencies before going forward with your settlement. Proving that the claimant's initial or last day of exposure with Employer A was prior to Dec. 5, 1980, there is no resolution activity, even if he is Medicare entitled and Medicare has been paying claims. On the other hand, if this is an ongoing exposure issue, Medicare will have a recovery right if they have paid claims related to this diagnosis.

The origin of exposure is important when determining the at fault party. The employer carrier is at risk as is the manufacturer of the asbestos containing product. By the 1930s and '40s, medical evidence had clearly linked asbestos exposure to lung disease and deadly asbestos cancers. Although asbestos companies were warned of these dangers, many chose not to use alternative substances in order to keep their profits high. Mesothelioma litigation exists because of these unethical actions and asbestos manufacturers are held liable for the undue suffering of those coping with asbestos-related disease.

It is equally important that you identify which plaintiff is a Medicare beneficiary. Medicare recovery rights must be considered when settling the claim. Protecting Medicare’s interest is relevant to all Workers Compensation, Liability, and No Fault claims. For past medical expenses paid, Medicare expects to be paid. Lack of a "formal" review process does not dismiss the necessity to protect Medicare’s interest for future medical expenses.

But no other division of the Armed Forces utilized asbestos quite like the Navy, which found hundreds of uses for asbestos materials in its vessels and shipyards from the 1930s through the mid-1970s.

The need to supply World War II efforts caused a spike in demand, which led to increased production among the nation's shipyards. Over the decades, thousands of shipyard workers and Navy veterans who were stationed aboard the contaminated vessels were heavily exposed to asbestos, often in small places with little to no ventilation. For these reasons, veterans and shipyard workers have an elevated risk of developing an asbestos-related disease.

Another important strategy in asbestos settlements or any settlement that involves a Medicare beneficiary for that matter is the notoriously slow response time of the Medicare Secondary Payer Contractor (MSPRC). While there are reasons, the most common reason is: the substantial number of claims involving Medicare beneficiaries and the amount of time that health care providers have to bill Medicare for their services. The only way to address it is to get an early start. In most cases, we can have an answer in about 45 days. Each step takes another 30-45 days and if you wait until the end of settlement to get started, it may take up to 120 days from start to finish. Whether it’s a workers’ compensation claim, liability matter or personal injury claim the best defense is a good offense.