Nebraska’s Workers’ Compensation: Rule 47 to Ensure Medicare Compliance

Rule 47 of Nebraska’s Rules of Procedure of the Nebraska Workers’ Compensation Court discusses the requirements for lump sum settlements in workers’ compensation cases. Beginning in 2010, Rule 47 was revised to require that a statement addressing whether the claimant is a Medicare beneficiary or has a reasonable expectation of becoming eligible for Medicare within thirty (30) months be included in or submitted with the application for an order approving a lump sum settlement. If the claimant does have a thirty (30)-month reasonable expectation of Medicare entitlement, the date of the claimant’s expected Medicare eligibility should be provided. If the claimant is a current Medicare beneficiary, the application must indicate whether conditional payment claim research has been conducted and should provide that the employer will reimburse Medicare.

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