How do you deal with a liability Medicare set aside allocation that exceeds the client’s net settlement proceeds? One approach would be to use an Ahlborn type of formula to reduce the set aside...
PCIP stands for “Pre-Existing Condition Insurance Plan” and is health care coverage that everyone lawfully in the United States has access to if they have a pre-existing condition that they were...
House Rep. Pete Stark asks GAO to investigate MSP related issues.
In U.S. v. Stricker, the government’s claims against personal injury attorneys, corporations and insurers which settled a mass tort suit without resolving Medicare conditional payments were held to...
In Bradley v. Sebelius, the 11th Circuit Court of Appeals approved a probate court’s equitable distribution findings to reduce a Medicare conditional payment obligation.
In Hadden v. US, a federal district court rejected argument for equitable distribution of a Medicare conditional payment obligation similar to Ahlborn.
The MSPEA is designed to streamline and fix problems with the Medicare conditional payment system. This post provides an update of the status of the bill.
In Finke, a federal district court held that a liability Medicare set aside was not necessary where the client was covered by a group health plan that was primary.
While Mandatory Insurer Reporting under Section 111 of the Medicare, Medicaid & SCHIP Extension Act until 1/1/2011, reporting must be done retroactively to 10/1/2010.
I was recently asked what an personal injury attorney's obligations are when it comes to advising about structured settlements. This post, in a cursory fashion, addresses some of the important...