In Wilson v. State Farm Mutual, a Kentucky federal district court found there was no bad faith where the insurer refused to pay a settlement until Medicare made a determination on the amount of the...
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...
The House Energy and Commerce Committee met on 6/22 in response to the SMART Act (reform of the MSP). The purpose of the meeting was to take testimony and to discuss the problems with Medicare’s...
The MSPRC’s new RAR letters offers little change, but definitely was altered due to the Haro case in AZ.
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...
In Donna Black v. John/Jane Doe Employee Et Al, a Kentucky United States Federal District Court dismisses all of the causes of action against Medicare because of ripeness issues.
In Southwest Fiduciary v. Willingham, an Indiana court of appeals ruled that the state’s Medicaid lien on the settlement proceeds must be based upon the actual payments made by Medicaid and not the...
The MSPRC announced resumption of RAR letters as of 6/10, but not demand letters.
The MSPRC has temporarily suspended issuance of Rights and Responsibilities letters as well as demand letters. The MSPRC is still working on resolving conditional payments, this is just a hold on...
Assistant U.S. Attorney Robert Trusiak of the Western District of New York develops protocols for Liability Medicare Set Asides. This unprecedented action is perhaps the first in a line of similar...