Category: Medicare Set Asides
Posted August 13, 2012 in Medicare Set Asides
On May 3 of 2012, the Office of Management and Budget received advanced notice of proposed rulemaking (ANPRM) entitled “Medicare Secondary Payer and ‘Future Medicals’ (CMS-6047-ANPRM)” from...
Read More
Posted August 6, 2012 in Medicare Set Asides
In Sipler, a NJ Federal District Court Ruled that an MSA was not necessary in a liability settlement. However, the ruling was in the context of a motion to enforce settlement over a dispute about...
Read More
Posted April 2, 2012 in Jason D. Lazarus, J.D., LL.M., MSCC Medicare Set Asides
Wife awarded 17.5% of funds set aside in a WCMSA as part of a marital dissolution upheld by Illinois appellate court.
Read More
In Frank, the United States District Court for the Western District of Louisiana addressed a motion for “Determination of Need for, and Amount of Medicare Set Aside for the purpose of complying with...
Read More
Posted November 28, 2011 in Jason D. Lazarus, J.D., LL.M., MSCC Medicare Set Asides
With all of the changes on the liability Medicare set aside front, this blog post will summarize all of the relevant issues present in today's settlement landscape.
Read More
Posted November 2, 2011 in Jason D. Lazarus, J.D., LL.M., MSCC Medicare Set Asides
Smith involves the approval of a Medicare set aside in a Longshore/Jones Act matter. It is another in the line of orders that seemingly presume that MSAs are required in settlements pursuant to the...
Read More
Posted October 3, 2011 in Jason D. Lazarus, J.D., LL.M., MSCC Medicare Set Asides
On 9/29/11, CMS issued a memorandum indicating there is no need for a liability Medicare set aside and that its interests would be satisfied if the treating physician certifies in writing that...
Read More
Posted August 15, 2011 in Jason D. Lazarus, J.D., LL.M., MSCC Medicare Set Asides, MSP Compliance
A United States District Court in Louisiana cites the Sally Stalcup Region 6 Liability Medicare Set Aside Memo as authority in its order. This case is a shining example of the massive confusion over...
Read More
Posted July 24, 2011 in Jason D. Lazarus, J.D., LL.M., MSCC Medicare Set Asides
CMS Region 6 issued a memorandum on liability Medicare set asides (“LMSA”) which has some useful information but has limited application outside of Texas, Oklahoma, New Mexico, Louisiana and...
Read More
Posted June 13, 2011 in Jason D. Lazarus, J.D., LL.M., MSCC Medicare Secondary Payer Act, Medicare Set Asides
In Hinsinger, a New Jersey trial court found that a Medicare Set Aside established in a liability case should be reduced by procurement costs with plaintiff counsel being allowed to get his fees based...
Read More