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...
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.
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.
I was recently asked what an personal injury attorney's obligations are when it comes to advising about structured settlements. This post, in a cursory fashion, addresses some of the important...
In Spencer v. Hartford, the Hartford was sued for alleged fraudlent practices related to structured settlements offerred to injury victims as part of settlements. The case is landmark and...
In a sure to be cited case, a Federal Judge in the Eastern District of Pennsylvania follows the Ahlborn decision and cuts a Medicaid lien by more than 50%.
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.