‘‘(III) The amount of the sum of 
any funds under subclause (I) or (II), 
previously paid pursuant to a workers’ 
compensation settlement agreement 
involved in the workers’ compensation 
claim involved. 
‘‘(ii) 
COSTS
EXCLUDED
FROM 
PRESENT VALUE.—The present value of a 
workers’ compensation settlement agree-
ment does not include the following pay-
ments made because of the workers’ com-
pensation claim involved: 
‘‘(I) Payments to satisfy previous 
unpaid medical expenses. 
‘‘(II) Payments to satisfy third 
party claims or liens for amounts pre-
viously paid, such as payments under 
this title, payments under the Med-
icaid program under title XIX, pay-
ments under a program of the De-
partment of Veterans Affairs under 
title 38, United States Code, pay-
ments under an employee welfare ben-
efit plan (as defined in section 3(1) of 
the Employee Retirement and Income 
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cchase on PROD1PC60 with BILLS
Security Act of 1974), and other simi-
lar third party payments. 
‘‘(III) The attorney fees for the 
claimant involved. 
‘‘(IV) Any other procurement 
costs incurred by a party to the agree-
ment to secure the agreement. 
‘‘(B) PUBLICATION IN FEDERAL REGISTER 
OF
AMOUNT
OF
PRESENT
VALUE
ADJUSTED 
FOR INFLATION.—Not later than November 15 
of each year (beginning with 2006), the Sec-
retary shall determine and provide for publica-
tion in the Federal Register of the amount de-
scribed in paragraph (2)(A)(ii) for the suc-
ceeding year. 
‘‘(4) DETERMINATION
OF
LIKELY
INELIGI-
BILITY OF CLAIMANT FOR MEDICARE BENEFITS.— 
For purposes of paragraph (2)(C), a workers’ com-
pensation claimant shall be deemed unlikely to be-
come eligible for benefits under this title unless, as 
of the effective date of the agreement, such claimant 
is insured for disability insurance benefits as deter-
mined under subsection (c)(1) of section 223 and 
meets any of the following requirements: 
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‘‘(A) AWARDED OR APPEALING DENIAL OF 
DISABILITY BENEFITS.—The claimant has been 
awarded disability insurance benefits or is ap-
pealing a denial of such benefits under sub-
section (a) of such section. 
‘‘(B) MINIMUM AGE.—The claimant is at 
least 62 years and 6 months of age. 
‘‘(C) END
STAGE
RENAL
DISEASE.—The 
claimant is medically determined to have end 
stage renal disease, but does not as of such 
date qualify for benefits under this title by rea-
son of such disease. 
‘‘(5) DEFINITIONS.—For purposes of this sub-
section and subsection (m): 
‘‘(A) WORKERS’ COMPENSATION SETTLE-
MENT AGREEMENT.—The term ‘workers’ com-
pensation settlement agreement’ means an 
agreement, including a commutation agreement 
or compromise agreement, between a workers’ 
compensation claimant and one or more work-
ers’ compensation payers which is intended— 
‘‘(i) to foreclose the possibility of fu-
ture payment of some or all workers’ com-
pensation benefits involved; and 
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‘‘(ii)(I) to compensate the claimant 
for a work-related injury or illness as pro-
vided for by a workers’ compensation law 
or plan; or 
‘‘(II) to eliminate cause for litigation 
involving issues in dispute between the 
claimant and payer. 
‘‘(B) WORKERS’ COMPENSATION PAYER.— 
The term ‘workers’ compensation payer’ means, 
with respect to a workers’ compensation law or 
plan, a workers’ compensation insurer, self-in-
surer, employer, individual, or any other entity 
that is or may be liable for the payment of ben-
efits to a workers’ compensation claimant pur-
suant to the workers’ compensation law or plan. 
‘‘(C) WORKERS’ COMPENSATION
CLAIM-
ANT.—The term ‘workers’ compensation claim-
ant’ means a worker who— 
‘‘(i) is or may be covered under a 
workers’ compensation law or plan (or 
similar compensation plan); and 
‘‘(ii) submits a claim or accepts bene-
fits under such law or plan (or similar 
compensation plan) for a work-related in-
jury or illness. 
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