Upcoming seminar on Medicare Secondary Payer compliance and I will be presenting.
This is an interesting case as it was brought under 42 U.S.C. § 1983. A Nebraska court used the Ahlborn reduction approach finding Nebraska Dept of Health and Human Services was only entitled to...
A Florida Circuit Court Follows Ahlbornand significantly reduces Medicaid Lien
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.
An Arizona Court of Appeals held that Ahlborn is applicable to reduce Arizona Medicaid’s recovery of a lien against a 3rd party tort recovery.
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...