The ABA house of delegates, during its 2011 mid-year meeting, adopted a resolution regarding Medicare Set Asides and reform of the Medicare Secondary Payer Act. It is the same old thing though,...
When a Medicare Set Aside is implemented, there are different options as far as how they are administered. The injury victim can self administer the set aside. In the alternative, a professional...
Upcoming seminar on Medicare Secondary Payer compliance and I will be presenting.
Medicare’s administrative procedures regarding conditional payments must be exhausted before bringing suit against Medicare. A federal district court lacks subject matter jurisdiction to determine...
Defendant’s may try to use liability set aside allocations to limit the injury victim’s damages.
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.
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...