Interest Rate
Does Medicare’s New Final Demand Comply with Haro?
On Monday, June 27, 2011, the Medicare Demand Freeze of 2011 ended. It took the MSPRC and its parent organization, the US Department of Health and Human Services (HHS) at least 50 days to rewrite the Medicare Final Demand Letter. For weeks we speculated that Haro v. Sebelius had forced the MSPRC to end its […]
Haro v. Sebelius – Medicare Collections
In early May, Judge David C. Bury of the United States District Court of Arizona wrote the opinion for a major Medicare collections case, Haro v. Sebelius. Like much of the MSP Compliance profession, we have reviewed that case over the past few postings. Today’s posting is a short recap. First, Judge Bury’s holding: “IT […]
Haro v. Sebelius – How it Effects Settlement
We posted yesterday that the decision Haro v. Sebelius means no interest on Medicare liens during the pendency of a Medicare lien appeal or waiver request. Today, we will discuss how Haro v. Sebelius effects settlements and distribution; but keep in mind this is a U.S. District Court of Arizona case. It really is not cite-able […]
Haro v. Sebelius – No Interest During Waiver/Appeals
Last week, the United States District Court for Arizona decided to enjoin Medicare and its agents from charging interest on unpaid MSP claims where the plaintiff has an ongoing Medicare waiver or appeal. The holding in Haro v. Sebelius includes: “IT IS FURTHER ORDERED that the class is certified and defined as follows: ‘persons who […]
MMSEA – RRE Reporting Begins Oct. 1, 2010
President George W. Bush signed the Medicare Medicaid & SCHIP Extension Act (“MMSEA”) more than three years ago. On October 1st, 2010, its reporting section finally goes into effect. How will reporting change the Healthcare Lien landscape? How will it change Personal Injury Law? The Defense Fears The MMSEA turns defendant-insurers into Responsible Reporting Entities […]
MSPRC & CMS Update Interest Rate
The MSPRC & CMS recently updated interest rates for failure to pay Medicare liens. It is now 10.875% per annum. Keep in mind that a 60-day grace period, plus an additional five days for MSPRC “mailing time,” is given prior to accrual of any interest. After that 65 days, two months interest will be charged […]