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About Us
   Medical Set Asides  

A Medicare Set-Aside Allocation (MSA) is the only mechanism approved by the Centers for Medicare and Medicaid Services (CMS) for protecting the interests of the parties to a workers’ compensation settlement. Our highly-credentialed professional staff is dedicated to providing premier MSA services to our clients, including exceptional customer service, communication and follow-up. Our turn-around time is consistently two weeks from when we receive all necessary records and documents.

Our Dedicated MSA Team
At M Hayes, we believe a Medicare Set-Aside is a medical-legal product. Our team is composed of medical and legal professionals who carry the highest possible professional designations, experience and credentials.

Our medical team is led by Medical Services Supervisor Kendra Zeller, R.N., C.C.M., W.C.C.M., M.S.C.C., who is both a Certified Case Manager and a Medicare Set-Aside Consultant–Certified with advanced training. All MSA’s are prepared by registered nurses who hold national certification as Nurse Life Care Planners or Certified Case Managers and also undergo the training to become a Medicare Set-Aside Consultant Certified (MSCC). Unlike non-medical allocators, they have the expertise to analyze the appropriateness of a treatment plan, including the prescription drug component. This is especially important with the costly addition of Part D prescription medicines to the MSA mix. With expertise to determine when a claimant’s medical conditions justify a reduced life expectancy, our nurses also coordinate rated ages on appropriate cases.

Our MSA program is directed by our legal counsel, Bill Van Wambeke, who came to M Hayes from a major property and casualty carrier where he was national group counsel for workers’ compensation and, among other things, managed and developed the MSA program. He has lectured extensively on Medicare Set-Asides to such groups as the American Insurance Association, the American Bar Association, the Michigan Bar Association, the Southern Association of Workers’ Compensation Administrators, AMCOMP, the Insurance Rehabilitation Study Group, the Defense Research Institute and the Michigan Self-Insured Association. He regularly serves as faculty in the MSCC certification course, is on the Executive Board of the National Alliance of Medicare Set-Aside Professionals and is a member of the bipartisan legislative committee in Washington working on Medicare reform where he was a principal drafter of H.R. 2549, the reform bill currently in Congress. He is available to work with your defense counsel on legal issues and on MSA settlement language tailored to your case.

We also have dedicated MSA support staff to provide consistent handling and tracking of your MSA, from initial referral through filing and approval with CMS. We value each and every referral and our specialized team ensures it receives the attention it deserves. You may contact our MSA Coordinator, Rita Ebbeskotte, rebbeskotte@mhayes.com or 804-560-2080 x102, at any time to check on the status of your MSA, or talk directly with the nurse handling the file. Status reports from the nurse will also help you track and document the file’s progress. We believe open communication on a file is critical and is a part of what makes our service special.

Innovative Product and Fees
We provide complete MSA’s plus preparation and filing with CMS at rates that are competitive with and often better than those of companies who utilize lay staff to prepare MSA’s. Additionally, we offer:

  • Pharmacy Reviews by licensed pharmacologists for cases involving difficult prescription issues
  • Coordination of professional or self-administration of the MSA account
  • Assistance with arranging structured settlement financing of the MSA or the entire settlement
  • Medicare conditional payment claim identification and negotiation
  • Submission of “zero set-asides” for compromise settlements in contested cases (offered by counsel in separate practice)
  • Liability case consultations and MSA’s
  • Medical Cost Projections and Life Care Plans
  • Onsite training seminars for your staff
  • Newsletter advising you of changes in the MSA field, including the latest developments from CMS and how they will affect you

Make a Referral
Referrals may be made online using our Referral Form, or the form may be printed and mailed to the address listed. To speak with one of our knowledgeable staff members about our MSA services, e-mail us at msa@mhayes.com or call:

Baltimore: 1-800-254-0870 or 410-628-4050 and ask for Kendra Zeller or Bill Van Wambeke
Richmond: 804-560-2080 and ask for Rita Ebbeskotte or Helen Froehlich

We look forward to providing you with quality, personalized service.


Useful Links

CMS Policy Memoranda
July 23, 2001 Memorandum (PDF, 83 KB)
April 21, 2003 Memorandum (PDF, 935 KB)
May 23, 2003 Memorandum (PDF, 190 KB)
May 7, 2004 Memorandum (PDF, 9KB)
October 15, 2004 Memorandum (PDF, 192 KB)
December 30, 2005 Memorandum (PDF, 184 KB)
July 11, 2005 Memorandum (PDF, 137 KB)
April 25, 2006 Memorandum (PDF, 135KB)
July 24, 2006 Memorandum (PDF, 184 KB)

Other
CMS Workers Compensation Agency Services Website
CMS Regional Office Contact List
National Alliance of Medicare Set-Aside Professionals