Damages “shall” be in an amount double… Medicare Advantage Plans
On Monday, August 8th, the 11th Circuit affirmed the decision of the Southern District of Florida to award a Humana Medicare Advantage plan double damages when they were not repaid at the conclusion of a personal injury …
Is an Attorney Personally Liable to Repay Humana for Part C (Advantage plan) lien?
This case has gained national attention amongst the trial bar for its far reaching implications. Synergy is on the forefront of protecting plaintiffs and the plaintiff’s bar which is why we feel so strongly about how the court in this …
1024(b)(4) – Send It To The Right Place!
In Allena Burge Smiley v. Hartford Life and Accident Insurance Company, et. al, No. 15-10056 (11th Cir. 2015), the Eleventh Circuit reiterated what Synergy regularly advises clients to do regarding the statutory document request pursuant to 29 U.S.C. 1024(b)(4) …
Finally an ERISA Subrogation Victory for Plaintiffs
Montanile v. Board of Trustees of National Elevator, 577 U.S. ____ (2016)
In the post McCutchen world wherein trial attorneys find themselves at the mercy of ERISA Plans, it was with a measure of dread that we anticipated another unfavorable …
New Medicare Portal Goes Live January 2016
On November 9th 2015 The Centers for Medicare & Medicaid Services (CMS) announced the much anticipated, and long overdue, start date for the new Medicare Secondary Payer Recovery Portal (MSPRP). The new MSPRP will begin functioning on January 1, …
Double Damages For Medicare Advantage Plans? – 11th Circuit To Decide
In Humana Medical Plan, Inc. v. Western Heritage Insurance Co., No. 12-20123, 2015 U.S. Dist. LEXIS 31875, the U.S. District Court for the Southern District of Florida granted Humana’s Motion for Summary Judgment and held that Humana’s right to …
Humana vs. Western Heritage – Double Damages for Medicare Advantage Plans
In Humana Medical Plan, Inc. v. Western Heritage Insurance Co., No. 12-20123, 2015 U.S. Dist. LEXIS 31875, the U.S. District Court for the Southern District of Florida granted Humana’s Motion for Summary Judgment and held that Humana’s right to …
Medicare Gives Refunds? How Can My Client Get One?
Repaying Medicare for conditional payments is a necessary but unpleasant process which can result in a greatly reduced net recovery or no recovery at all for an injured Medicare beneficiary. The Medicare Secondary Payer Statute has a repayment formula that
Applying Collateral Source Statutes to ERISA after Wurtz
Applying Collateral Source Statutes to ERISA after Wurtz
The U.S. Court of Appeals for the 2nd Circuit rendered a major decision on July 31, 2014 holding that New York’s anti-subrogation statute is “saved” from ERISA preemption. (Wurtz v. The …
Can a Third Party Hold Settlement Funds Until Medicare Issues a Final Demand?
Can a Third Party Hold Settlement Funds Until Medicare Issues a Final Demand?
The Northern District of Indiana thinks it is a jury question as to whether or not the third party carrier acted reasonably in holding settlement funds until …
