A complete absence of an MSA allocation amount precludes the enforcement of an alleged agreement to settle according to Hudson v. Cave Hill Cemetery.
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...
The Benoit case is important because it judicially acknowledges an obligation to set aside monies for Medicare future expenses in a non-Workers’ Compensation case.
The Forkey decision reaches the opposite result from Bradley in terms of the priority of competing claims between a death beneficiary and Medicare.
Where does "consider Medicare's futuer interest" come from and what does it mean? Read on if you want to know . . . .
NJ WC Chief Judge's memo highlights problematic language being requested by defendants regarding Medicare condtional payments.
PA court holds MSPA does not require Medicare on the check.
US v. Stricker is not done despite the dismissal issued previously. Read on . . .
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...