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Kamin : Taking Care with Medicare Set-Asides and Conditional Payments
12/22/2022
All parties in the California workers’ compensation system should avoid the temptation to cut corners when it comes to Medicare especially in lieu of the Medicare Secondary Payer Act and the tremendous powers it affords to the federal government.
Category: Industry Insights
CMS to Merge Two Conditional Payment Units in 2014
12/31/2013
By John P. Kamin Reporter
The U.S. Centers for Medicare and Medicaid Services will officially merge the Coordination of Benefits and Medicare Secondary Payer Recovery teams into a single unit which should save workers' compensation attorneys several phone calls a year on conditional payment
Category: News
New Settlement Law Could Create CMS Headaches for Payers
09/03/2013
By John P. Kamin Reporter
A new law will force Illinois payers' attorneys to take extra precautions in settling personal injury and wrongful death cases to avoid incurring unnecessary liability under the Medicare Secondary Payer Act a Medicare reimbursement expert says.
Senate Bill 1912
Category: News
DOJ Appeals Stricker Decision to 11th Circuit
11/11/2011
Medicare costs when they reached a 300 million settlement in 2003 in the case of Abernathy v. Monsanto. The government based its theory of liability upon the Medicare Secondary Payer Act MSPA.
But U.S. District Judge Karon Bowdre ruled in favor of the case's numerous defendants over the course of
Category: News
CMS Addendum Important Part of Settlement, WCAB Panel Rules
08/24/2011
decision issued in June.
The WCAB's ruling to approve the addition of an addendum shifting Medicare liability to an applicant reflects the struggles California workers' comp attorneys are experiencing with the Medicare Secondary Payer Act.
In the decision of Isaac v. Paramount Pictures the Workers
Category: News
Hadden to Challenge Medicare Decision at U.S. Supreme Court
02/07/2012
Hadden v. US attracted attention among attorneys familiar with the Medicare Secondary Payer Act attorneys in the private sector called the decision inequitable and said they hoped that Hadden would appeal.
David Farber who is Vernon Hadden's attorney told WorkCompCentral on Monday that he will file
Category: News
Attorneys Look to 9th Circuit in Suit Over CMS Tactics
02/06/2012
courts will give payers and beneficiaries a fair chance to fight CMS' conditional payment requests.
William Winslow an attorney and Medicare Secondary Payer Act MSPA expert told attendees at the California Applicants' Attorneys Association's Winter Convention that payers need to be willing to stand
Category: News
Attorneys Arguing for Dismissal of Medicare Set-Aside Suit Today
09/13/2010
will consider multiple motions to dismiss the federal government's suit under the Medicare Secondary Payer Act in USA v. Stricker et al.
The U.S. Department of Justice filed the suit in December 2009 alleging that both defendants and plaintiffs in a 2003 class-action lawsuit -- as well as their
Category: News
6th Cir: CMS Entitled to Large Portion of Settlement
11/23/2011
inequitable.
The 6th Circuit Court of Appeals ruled that Vernon Hadden must pay the Centers for Medicare and Medicaid Services CMS 62338 from his 125000 settlement pursuant to the Medicare Secondary Payer Act. The case title of the published opinion is Hadden v. US No. 09-6072 112111.
Hadden a
Category: News
Insurers Stress 'Good-Faith' Exception to CMS Reporting Penalties
12/16/2013
the agency their data.
The Centers for Medicare and Medicaid Studies issued an advance notice of public rulemaking on Wednesday that requested public comment on civil monetary penalties for failure to comply with the Medicare Secondary Payer Act. The act requires both group health and non-group
Category: News
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