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MMSEA Not the Only Way for Medicare to Recoup Funds

One of Chicago’s larger hospitals is paying $1.5 Million to settle a Department of Justice allegation that it violated the False Claims Act.  Cheryl Jackson of the Chicago Sun Times writes that Rush University Medical Center in Chicago will pay the $1.5 Million as a result of $547,000 in Medicare benefits the hospital received from its false claims.   This settlement looks like treble damages were in play.

The Chicago Sun Times also published a blog post on March 1, 2010 entitled, False Claims Act settlements are in vogue.  The DOJ is taking full advantage of its suing power under the False Claims Act, recouping more than $2.2 Billion in healthcare recoveries since January 2009 according to the Sun Times blog.

While this doesn’t necessarily change Medicare and Medicaid’s lien resolution processes, it does show that the government is ready, willing, and certainly able to utilize the MMSEA to its advantage come October 1, 2010.    Plaintiffs’ attorneys need to be prepared for the changes.  If you fail to report a new personal injury lawsuit to Medicare’s Coordination of Benefits Contractor (COBC), you, the attorney, could be held liable for any lien plus interest on that lien.

Do not wait for the MMSEA to surprirse you, get started now.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

About Ryan J. Weiner

Co-Founder of Lien Resolution Services, LLC, a national healthcare lien resolution firm. Our goal is to assist in the fair administration and resolution of healthcare liens on personal injury cases. Please visit our website for more information: www.lienresolutionusa.com.

One comment on “MMSEA Not the Only Way for Medicare to Recoup Funds

  1. […] This will become more important as the federal government continues to act aggressively in recouping Medicare funds.  The False Claims Act was recently amended to make it a violation to avoid an obligation to pay […]

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