Complying with the Medicare Secondary Payer Act When a Client has Public Benefits
For clients with public benefits, closing out their case is not as simple as issuing a check for their net recovery.
Tag: Medicare
Is it Workers’ Compensation or Liability?
Attorneys settling cases involving work-related injuries may find themselves similarly perplexed when it comes to whether a work-related injury will be treated as a workers’ compensation or liability case for purposes of the Medicare Secondary Payer Act (“MSP”).
Is the PAID Act the Solution for Locating Hidden Medicare Advantage Liens?
The PAID Act has the potential to make it easier to locate these hidden liens. The risk of not finding them is a private action by the Medicare Advantage plan for double damages.
An Examination of the Role of Structured Settlements in Funding Medicare Set-Asides
There are some good reasons why many Medicare Set-Aside (MSA) arrangements today are funded with structured settlements.
Advanced Strategies for Closing Cases Compliantly: A Case Study
November 11, 2021 In the confusing landscape of public benefits and planning issues that arise today for trial lawyers when settling catastrophic injury cases, finding your way can be a daunting task. Many questions come up such as should the client seek Social Security Disability (SSDI) benefits and become Medicare eligible? Doesn’t that trigger the […]
Navigating the Shifting Landscape of MSP Compliance
The wait for proposed rulemaking related to Medicare Secondary Payer (MSP) compliance obligations regarding future medical services in liability settlements continues. Although the Department of Health and Human Services issued their initial notification of proposed rulemaking in the fall of 2018, the target date has been moved several times and is currently set for October of 2021. However, focusing solely on the notice of proposed rules will cause a practitioner to overlook the impact of important MSP compliance changes taking place with Section 111 Mandatory Insurer Reporting obligations on settlements.
Synergy’s Workers’ Compensation Medicare Secondary Payer Advice Column
October 14, 2021 Rasa Fumagalli JD, MSCC, CMSP-F As we reflect on the 20th anniversary of the devastating September 11, 2001, terrorist attacks on US soil and all the lives lost, we cannot forget the heroic efforts of all the first responders and workers involved in the clean-up of the devastation sites. Since then, many […]
Understanding Structured Settlements and Medicare Set-Asides
October 14, 2021 Samantha Webster Settlement – What to Consider for a Medicare Set-Aside (MSA) When settling a case involving a current Medicare beneficiary and before finalizing, it is important to understand what actions need to be taken to consider Medicare’s interest. What does this all mean and what are the three most important things […]
Primary Payer Status Shifts from Liability Carrier to Plaintiff Post-Settlement
Rasa Fumagalli JD, MSCC, CMSP-F In Penelope Stillwell v State Farm Fire and Casualty Co., et al. case (2021 WL 4427081), a plaintiff attempts to impose primary payer status on a liability insurer post-settlement via a qui tam action in federal district court. The U.S. District Court, Middle District of Florida, Tampa Division addressed in […]