CMS

SMART Act: Final/Conditional Medicare Lien Process

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; […]

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House & Senate Pass Medicare’s SMART Act

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 […]

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NJ Court: Federal Law Does NOT Mandate Medicare Set-Asides

The United States District Court of New Jersey recently stated (albeit in an Unpublished Opinion) that Federal Law does not mandate Medicare Set-Asides in a liability context.  The question arose in Sipler v. Trans. Am. Trucking Inc. following a general settlement for $225,000.  After the verbal settlement the defense attorney attempted to insert language stating: […]

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AAJ Working Toward 2nd Circuit Allocation of Medicare Lien

The AAJ sent out an update regarding a case where it is attempting to win a major victory for Medicare beneficiaries.  The plaintiffs are using Bradley v. Sebelius to try to convince a probate court to allocate the settlement funds and reduce Medicare’s lien.  The AAJ writes, In Bradley, the probate court ordered an apportionment […]

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LRS Public Comment: CMS-6047-ANPRM – CMS Proposed Rules for Liability Medicare Set-Asides

As you should know, Medicare has taken its first steps toward requiring Medicare Set-Asides in all personal injury cases.  On June 15, 2012, it (via CMS and HHS) posted a request for public comment on rules it hastily created for a potential LMSA system.  Our initial analysis of the federal register posting from June 15 […]

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Medicare Secondary Payer Recovery Portal is Live

The Medicare Secondary Payer Recovery Portal (“MSPRP”) is live and online through MSPRC.info.  If you ever tried the automated phone system you know that was a massive failure that could not provide the information you needed.  It didn’t really allow you to log complaints, request certain items, check on overdue statuses, etc. So does the […]

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Federal Register – June 15, 2012: Advanced Notice of Proposed Rulemaking (LMSAs)

The Friday, June 15, 2012 Federal Register includes a four-page request for public comment requested by the Department of Health and Human Services’ Centers for Medicare & Medicaid Services.  The comment is requested for potential changes to 42 CFR Parts 405 and 411 and is titled, “Medicare Program; Medicare Secondary Payer and ‘Future Medicals.’ “ […]

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