Category: MSP Compliance
Posted January 12, 2011 in Jason D. Lazarus, J.D., LL.M., MSCC Medicare, Medicare Secondary Payer Act, Medicare Set Asides, MSP Compliance
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.
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Posted November 20, 2010 in Jason D. Lazarus, J.D., LL.M., MSCC Medicare, Medicare Secondary Payer Act, Medicare Set Asides, MSP Compliance
Where does "consider Medicare's futuer interest" come from and what does it mean? Read on if you want to know . . . .
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Posted November 20, 2010 in Jason D. Lazarus, J.D., LL.M., MSCC Liens, Medicare, Medicare Secondary Payer Act, MSP Compliance
PA court holds MSPA does not require Medicare on the check.
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Posted November 20, 2010 in Jason D. Lazarus, J.D., LL.M., MSCC Medicare, Medicare Secondary Payer Act, MSP Compliance
US v. Stricker is not done despite the dismissal issued previously. Read on . . .
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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...
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Posted October 6, 2010 in Jason D. Lazarus, J.D., LL.M. Medicare, Medicare Secondary Payer Act, MMSEA, MSP Compliance
House Rep. Pete Stark asks GAO to investigate MSP related issues.
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Posted October 4, 2010 in Jason D. Lazarus, J.D., LL.M. Liens, Medicare, Medicare Secondary Payer Act, MSP Compliance
In U.S. v. Stricker, the government’s claims against personal injury attorneys, corporations and insurers which settled a mass tort suit without resolving Medicare conditional payments were held to...
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Posted October 4, 2010 in Jason D. Lazarus, J.D., LL.M. Liens, Medicare, Medicare Secondary Payer Act, MSP Compliance
In Bradley v. Sebelius, the 11th Circuit Court of Appeals approved a probate court’s equitable distribution findings to reduce a Medicare conditional payment obligation.
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Posted October 4, 2010 in Jason D. Lazarus, J.D., LL.M. Medicare, Medicare Secondary Payer Act, MSP Compliance
In Hadden v. US, a federal district court rejected argument for equitable distribution of a Medicare conditional payment obligation similar to Ahlborn.
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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.
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