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Evidence Based MSAs (EBMSAs): Don’t Accept Blindly

Workers Compensation , MSA

B Josh Pettingill

Evidence Based MSAs (EBMSAs) have taken the workers’ compensation industry by storm the past several years. It is imperative for workers’ compensation attorneys to understand how EBMSAs can impact both the settlement value, as well as your

Taking Advantage of the WCMSA Re-Review Process

B. Josh Pettingill

We frequently receive inquiries regarding workers compensation MSAs (WCMSAs) and whether it is possible to get CMS (Centers for Medicare and Medicaid Services) to re-review an MSA once an amount has already been approved. The good news …

Liability MSAs: The Whole Truth and Nothing But the Truth

B. Josh Pettingill

Problem 1) There is still an incredible amount of misinformation in the marketplace about Liability MSAs.

Despite efforts to raise awareness and educate stakeholders about LMSAs, many of the largest liability insurance carriers are still convinced that …

Big Data and Medicare – Recipe for Disaster

B. Josh Pettingill, MBA, MS, MSCC

Introduction

A vital step to navigating the MSP statute is understanding the dynamics between the Section 111 Reporting Requirement and the potential interplay for a Liability Medicare Set Aside (LMSA). The MSP statute precludes …

Liability Medicare Set Asides (LMSAs): October is Here! Now What?

By B. Josh Pettingill, MBA, MS, MSCC & Jason D. Lazarus, J.D., LL.M., MSCC

The debate regarding addressing Medicare’s future interest in liability settlements is filled with nuance and subtleties. An essential step in understanding the big picture is starting …

Total “Medicare” Compliance in a New Age

By Jason D. Lazarus, J.D., LL.M., MSCC

“Although the statute is structurally complex—a complexity that has produced considerable confusion among courts attempting to construe it—the MSP’s function is straightforward.” US v. Baxter Intern., Inc., 345 F. 3d 866 (11th Cir. …

CMS Gearing Up to Reject Medicare Claims Related to Liability Settlements

By B. Josh Pettingill

Last week, the Centers for Medicare and Medicaid Services (CMS) released a “CMS Manual System” “One-Time Notification” regarding Liability Medicare Set Asides and enforcement of the Medicare Secondary Payer statute (MSP). Starting October 1, 2017, Medicare …

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