Parties Must “Reasonably Consider” Medicare’s Interest When:

Class I

Claimant is a Medicare beneficiary at time of settlement.

Class II

Claimant has a “reasonable expectation” of Medicare enrollment within 30 months of settlement date.

What is a “reasonable expectation”?

· Claimant is receiving SSDIB

· Claimant has applied for SSDIB

· Claimant was denied SSDIB and intends to appeal or re-file

· Claimant is 62 1/2 years old

· Claimant has end stage renal disease

Class III

Claimant is under 62 ½ years old, the settlement amount is $250,000 or greater and

it is reasonably foreseeable that Claimant will receive medicare benefits for injuries

sustained.