Blog
Posted March 3, 2011 in Jason D. Lazarus, J.D., LL.M., MSCC Liens, Medicare, Medicare Secondary Payer Act, MSP Compliance
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...
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Posted February 27, 2011 in Jason D. Lazarus, J.D., LL.M., MSCC Liens
Ohio addresses the issue of indemnification, by a plaintiff attorney, of a third party’s interests in settlement proceeds
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Posted February 27, 2011 in Jason D. Lazarus, J.D., LL.M., MSCC Ahlborn, Liens, Medicaid
A class action has been certified as it relates to application of Ahlborn to Missouri Medicaid liens.
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Posted February 9, 2011 in Medicare
A Federal Judge in the Southern District of Florida dismissed Humana’s cause of action for reimbursement pursuant to 42 USC 1395y(b)(2) finding only the US Government could bring such an action.
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Posted January 12, 2011 in Medicare
This is a summary of the steps to be taken for Medicare conditional payment resolution and also addresses the question of the applicable SOL for Medicare conditional payments.
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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 January 5, 2011 in Jason D. Lazarus, J.D., LL.M., MSCC Liens, Medicare, Medicare Secondary Payer Act
The Forkey decision reaches the opposite result from Bradley in terms of the priority of competing claims between a death beneficiary and Medicare.
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Posted November 28, 2010 in Jason D. Lazarus, J.D., LL.M., MSCC Liens
Due to mandatory insurer reporting of settlements with Medicare beneficiaries pursuant to Section 111 of the MMSEA, many insurers are inserting indemnification clauses into settlement agreement and...
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Posted November 20, 2010 in Jason D. Lazarus, J.D., LL.M. Settlement Planning
This is part 2 of a series on ethical issues at settlement that every personal injury lawyer should be familiar with.
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Posted November 20, 2010 in Jason D. Lazarus, J.D., LL.M. Settlement Planning
This is part 1 of a series on ethical issues at settlement that every personal injury lawyer should be familiar with.
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