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.
There is much confusion these days by liability insurers and defense counsel regarding when an MSA is necessary. I thought it might make sense to discuss when they are definitely not necessary.
In Hackley, a CT court followed Seger and compeled the plaintiff to provide his Social Security number which was requested as a term of settlement. However, there was no settlement since the parties...
In Seger, a federal district court ordered the plaintiff to comply with a MMSEA based discovery request.
Plaintiff attempted to use Ahlborn to argue for an allocation hearing before the trial court.
CMS has set up a query system for defendants to use to verify Medicare eligibility.
HR 2641 addresses some of the problems with Workers' Compensation Medicare Set Asides (WCMSA) but it fails to address Liability Medicare Set Asides (LMSA).