MSA
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 […]
Medicare Case Type Definitions: Liability & No-Fault
The most important part of Medicare lien resolution occurs months (or even years) before you send payment to the MSPRC. That most important process is reporting to the Coordination of Benefits Contractor (“COBC”). If you report the wrong date of incident you risk wasting months of work. If you report the wrong injuries you risk […]
Liability MSA (LMSA) Cases Cited by the MSA Industry
Many of those involved in the MSA industry (including CMS officials) point to “LMSAs” being approved by Federal District Courts. These cases are circulated on listservs and message boards as reminders that LMSAs may be necessary in certain cases. These cases all carry one extra piece of information worth noting: the underlying injuries were the […]
The Congressional Failure to Understand Medicare
Congressman Dennis Ross (Republican – Lakeland, Fl) spoke to the National Association of Medicare Set Aside Professionals (“NAMSAP”) convention on Friday, March 30, 2012. Congressman Ross’s topics were Medicare liens and Medicare Set-Asides. Note: I started this post as a recap of Congressman Ross’ talk with NAMSAP – but it turned into an 1111 word rant […]
Louisiana District Court on LMSAs
On Tuesday, March 13, 2012, the Western District of Louisiana heard arguments regarding a potential Liability Medicare Set-Aside (“LMSA”). The argument was brought to the court on the “Motion for Determination of Need for, and the Amount of Medicare Set Aside.” While the court heard testimony from Plaintiff Warren Frank’s treating physician and his pharmacist, […]
MSPRC Website: Liability Medicare Set-Asides are NOT Required
Direct from the horse’s mouth (but I can’t take credit – thanks to the NAMSAP Listserv for this catch: This image is from MSPRC.info – the website of Medicare’s agent. It is just another argument that LMSAs are simply not required and cannot be required for Medicare […]
Medicare Regional Coordinator Sally Stalcup at TTLA Convention
Sally Stalcup – MSP Regional Coordinator, CMS Dallas Region – spoke for half an hour at the TTLA Annual Convention in Austin, Texas on June 1, 2011. Some highlights include: She prefaced the talk with a statement that she cannot comment on recent cases/litigation. Perhaps she referencing Haro v. Sebelius. On Medicare Set-Asides (MSAs) MSAs […]
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 […]
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