Tag Archive | Dispute
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; […]
ERISA, ERISA, ERISA!
In lien resolution (or subrogation, or reimbursement) ERISA means nothing. Let’s get that out of the way. Health plans can scream “ERISA!” at the top of their lungs. It still means nothing. One of 0ur younger attorneys at Lien Resolution Services dealt with this very issue last week. I like the way this ERISA lien […]
Medicare Advantage Plan Liens & Reimbursement
Medicare Advantage Plans often claim liens and/or reimbursement rights on personal injury lawsuits. This post isn’t about Medicare Advantage (“MA”) plan reimbursement rights (or whether the Medicare Secondary Payer statute allows federal actions for MA plans). Instead, this post aims to assist in reduction of MA plan liens. Last week, we were offered a 25% […]
MSPRC to Introduce Web Portal in Summer 2012
The MSPRC has announced it will release a web portal for conditional payments much like that used for Workers’ Compensation MSAs. From the MSPRC release: Coming Soon – The Medicare Secondary Payer Recovery Portal A new online Self-Service Tool to help manage your Medicare recovery case. The Centers for Medicare & Medicaid Services (CMS) is […]
How Will You React to Haro v. Sebelius?
As we all know, Medicare’s MSPRC agent has caused a ruckus with its freeze on issuance of Final Demands. This means you cannot pay Medicare liens right now. We think Haro v. Sebelius, a U.S. District Court of Arizona case is the cause for the Medicare lien freeze. See our analysis below: Haro v. Sebelius […]
Benson v. Sebelius: Bad News for Plaintiffs?
This post has been delayed due to recent Medicare Alerts. We apologize for said delay; however, we believe the recent Medicare Alerts are a higher concern. We continue to monitor Medicare’s decision to halt issuance of Final Demands. For updates, please continue to visit this blog at lienblog.wordpress.com or follow our twitter feed @LienResolve. […]
Med Mal Reform & Lien Resolution
The AAJ and Daily Kos are reporting the Obama administration’s proposed budget includes $250 million in Justice Department grants to help state rewrite their medical malpractice laws along the lines of recommendations from the deficit commission. The grants are meant to help states pursue innovative reforms which improve health care quality, reduce medical costs, and […]
Bradley v. Sebelius: Medicare Not Entitled
On September 29, 2010, the 11th Circuit Federal Court ruled that Medicare is not entitled to the proceeds of a wrongful death settlement paid to the surviving children of a Medicare recipient. This news is a welcome addition to the personal injury world, where Tort reform has put caps on many death case recoveries. Could […]
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 […]
CMS User Guide 3.1 Released
CMS has released User Guide 3.1 for MMSEA reporting. You can find a copy of the user guide on the Lien Resolution Services website, or, by clicking here. While most changes involve Responsible Reporting Entity (“RRE”) requirements, some of those changes will have a trickle down effect on plaintiffs, their Medicare liens, and plaintiffs’ attorneys. […]
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