Main Synergy InSights Blog Category
On June 27th, Medicare formally resumed issuing demand letters after it halted issuance in response apparently to the Haro v. Sebelius decision. I will summarize what is new in the demand letter.
A Volusia county judge’s refusal to approve a structured settlement for a minor child was appealed in Hancock. The Fifth District Court of appeal reversed a decision by a C. McFerrin Smith which held that the court lacked legal authority to approve a structured settlement that paid out after age of majority.
The hiring of a Medicare Set Aside (“MSA”) allocation vendor is an important decision when settling a worker’s compensation or liability matter. The future medical costs included in the allocation report can make or break a case.
When a Medicare Set Aside is implemented, there are different options as far as how they are administered. The injury victim can self administer the set aside. In the alternative, a professional administrator can be hired. This may be through a custodial arrangement or a trust.
Qualified Settlement Funds are a great tool for trial lawyers to use when settling cases with complex settlement planning issues. It is a temporary holding tank that does not trigger constructive receipt.
Medicare Set Asides and Medicare Secondary Payer Compliance are both very tricky areas of the law. This post provides some basic insights into set aside arrangements.
CMS has revamped the Medicare recovery process, creating a more efficient and less questionable path for the verification of Medicare conditional payments.
CMS has made the following updates to the MMSEA section of the CMS website: http://www.cms.gov/mandatoryinsrep/04_whats_new.asp:
Question: Do the VA subrogation rights apply to UM coverage, or do they only apply to the responsible third-party? Answer:The right of the VA to recovery from UM is not a definite yes or no answer.