subsection or subsection (p) prohibits an indi-
vidual from electing to utilize professional ad-
ministration services or to self-administer pay-
ments of their Medicare set-aside in accordance 
with existing law. 
‘‘(6) TREATMENT OF STATE WORKERS’ COM-
PENSATION LAW.—For purposes of this subsection 
and subsection (p), if a workers’ compensation set-
tlement agreement is accepted, reviewed, approved, 
or otherwise finalized in accordance with the work-
ers’ compensation law of the jurisdiction in which 
such agreement will be effective, such acceptance, re-
view, approval, or other finalization shall be deemed 
final and conclusive as to any and all matters within 
the jurisdiction of the workers’ compensation law, 
including— 
‘‘(A) the determination of reasonableness 
of the settlement value; 
‘‘(B) any allocations of settlement funds; 
‘‘(C) the projection of future indemnity or 
medical benefits that may be reasonably ex-
pected to be paid under the State workers’ com-
pensation law; and 
‘‘(D) in the case of a compromise agree-
ment, the total amount that could have been 
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payable for a claim which is the subject of such 
agreement 
in 
accordance 
with 
paragraph 
(2)(C)(ii).’’. 
(c) CONFORMING AMENDMENTS.—Subsection (b) of 
such section is further amended— 
(1) in paragraph (2)(B)(ii), by striking ‘‘para-
graph (9)’’ and inserting ‘‘paragraph (9) and sub-
sections (p) and (q)’’; 
(2) in paragraph (2)(B)(iii)— 
(A) in the first sentence, by striking ‘‘In 
order to recover payment’’ and inserting ‘‘Sub-
ject to subsection (q), in order to recover pay-
ment’’; and 
(B) in the third sentence, by striking ‘‘In 
addition’’ and inserting ‘‘Subject to subsection 
(q), in addition’’; and 
(3) in paragraph (3)(A), by striking ‘‘There is 
established a private cause of action’’ and inserting 
‘‘Subject to subsection (q), there is established a pri-
vate cause of action’’. 
(d) MODERNIZING TERMINOLOGY FOR PURPOSES OF 
MEDICARE SECONDARY PAYER PROVISIONS.—Subsection 
(b)(2)(A) of such section is amended by striking ‘‘work-
men’s compensation law or plan’’ and inserting ‘‘workers’ 
compensation law or plan’’ each place it appears. 
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(e) LIMITATION ON LIABILITY.—The parties to a 
workers’ compensation settlement agreement which met 
the provisions of section 1862(b) of the Social Security 
Act (42 U.S.C. 1395y(b)) on the effective date of settle-
ment shall be accepted as meeting the requirements of 
such section notwithstanding changes in law, regulations, 
or administrative interpretation of such provisions after 
the effective date of such settlement. 
(f) EFFECTIVE DATE.—The amendments made by 
this section, unless otherwise specified, shall apply to a 
workers’ compensation settlement agreement with an ef-
fective date on or after January 1, 2022. 
Æ 
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