Ryan J. Weiner
On March 20, 2013 the Supreme Court released its decision in Wos v. EMA, a federal case determining the legality of North Carolina’s Medicaid recovery statute. The Court held that the anti-lien provision of the federal Medicaid Act prevents a state from taking any portion of a judgment or settlement not designated as medical care. […]
On April 16, 2013 the Supreme Court of the United States released its holding in US Airways v. McCutchen overruling the 3rd Circuit’s decision. The 3rd Circuit’s decision was part of a recent line of ERISA lien / ERISA reimbursement / ERISA subrogation cases with results in both directions. The following four cases are listed […]
The Supreme Court has decided North Carolina’s Medicaid recoveries are limited by the federal anti-lien statute. The Court held the federal anti-lien provision pre-empts North Carolina’s irrebuttable statutory presumption that one-third of a tort recovery is attributable to medical expenses. This ruling has similarities to that of Arkansas v. Ahlborn. We will update this post […]
Looking back at yesterday’s SMART Act post it is hard to decipher how to properly obtain what we are calling a “Final Conditional” Amount or Lien. We hope the following workflow (including our assumptions and expectations of the future process) will help: T-120 days to settlement – Send an Expected Settlement Notice to the MSPRC; […]
On January 10, 2013, President Obama signed H.R. 1845. Included on the Medicare IVIG Access Bill is the SMART Act. SMART was designed to reform the conditional payment, final demand, and MMSEA Section 111 reporting processes. Click here to read the full text of H.R. 1845. As you can see below, we aren’t as excited […]
Both the House and Senate passed the SMART act prior to the Christmas holiday last week. In the House just 3 “no” votes were cast against 401 “yes” votes. The Senate passed the act without a single “no” vote. There is little doubt that President Obama will sign the bill into law. What is the […]
The US Senate passed the SMART Act tonight, promising major changes to the Medicare lien resolution system. More to come.