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Approval of this settlement by Medicare is not required for the reasons
set forth below. This answer is based on the following facts that were
established during the question and answer session:
1) The settlement does
not extinguish the claimant's rights to future medical benefits payable
under the workers' compensation claim.
Approval of the settlement of
this settlement by CMS is not necessary as long as the claimant's medical
rights are being left open by the settlement documents. The settlement
does not require approval by CMS if the settlement does not change the
liability of the workers' compensation carrier as it pertains to future
medical expenses related to the work related injury. See the October
15, 2004 CMS memo, Q&A 6.
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