MSAs

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The United States District Court of New Jersey recently stated (albeit in an Unpublished Opinion) that Federal Law does not mandate Medicare Set-Asides in a liability context.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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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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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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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 […]

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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 […]

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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 […]

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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, […]

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