HR 1063 was introduced in the 112th Congress by Representative Tim Murphy (R-PA) and Representative Ron Kind (D-WI) on March 14th, 2011. The bill is titled the Strengthening Medicare and Repaying...
In the absence of an agreement as to who pays if an MSAT comes back substantially higher, you can’t have an enforceable settlement according to the ArvinMeritor v. Johnson decision. Neither party...
A complete absence of an MSA allocation amount precludes the enforcement of an alleged agreement to settle according to Hudson v. Cave Hill Cemetery.
An Arizona Court of Appeals held that Ahlborn is applicable to reduce Arizona Medicaid’s recovery of a lien against a 3rd party tort recovery.
A federal district court dismisses a 3rd party complaint against the Department of Health & Human Services because it wasn’t ripe since the personal injury action giving rise to potential...
A federal district court in Virginia rules that Medicare regulations do not pre-empt a state law motion to enforce a settlement. The defendant refused to pay a settlement claiming CMS had not sent...
Ohio addresses the issue of indemnification, by a plaintiff attorney, of a third party’s interests in settlement proceeds
A class action has been certified as it relates to application of Ahlborn to Missouri Medicaid liens.
A Federal Judge in the Southern District of Florida dismissed Humana’s cause of action for reimbursement pursuant to 42 USC 1395y(b)(2) finding only the US Government could bring such an action.
This is a summary of the steps to be taken for Medicare conditional payment resolution and also addresses the question of the applicable SOL for Medicare conditional payments.