There has been much discussion on liability MSA’s.  Are they needed?  Not necessary?  Conflicting reports and a statement by the AAJ has continued to make things complicated.  As a Medicare Set Aside allocator, my position is that Medicare’s interest must be protected per Section 111 of the MSP.  I have outlined a simple equation here for quick reference.
Mr. Synder recented posted a comment on LinkedIn as to his thoughts.  I found it well stated.
Link to statement by AAJ
Nothing in the quotes AAJ cites undermines the insurance industry’s position. Medicare could …

Is there future medical care involved?  Is there a permanent shift of burden?  These things may equate to the need for an MSA (Medicare Set Aside).  Use this equation to determine if an MSA is necessary in your legal case.
FCC + PBS = MSA

The requirement is to protect Medicare’s interest (per SCHIP Section 111)
This can be accomplished formally or informally.  A more formal protection of Medicare’s interest would be in the form of an MSA report.

MSA (where FCC = Future Cost of Care; PBS = Permanent Burden Shift, and MSA …