Recent Liability Medicare Set Aside Case Law – No MSA Needed
B. Josh Pettingill, MBA, MS, MSCC
Vice President of MSP Compliance
The “law” as it relates to Medicare Set Asides in liability settlements is an evolving area with new developments happening quite frequently. This year there have already been several …
Liability Medicare Set Asides, Insurance Carriers and Unsubstantiated Demands
Insurance carriers are bringing up the Medicare set aside (MSA) “issue” when it comes time to draft the release more frequently. In many instances, the plaintiffs are not yet eligible for Medicare benefits, nor may they ever be entitled to …
CMS Withdraws MSP Future Medicals Rule: No Regulations – is it Good News?
The Centers for Medicare & Medicaid Services (CMS) has officially withdrawn their Notice of Proposed Rulemaking (NPRM) for protecting Medicare’s future interests with respect to future medicals. The NPRM was originally submitted to the Office of Management and Budget (OMB) …
FL Supreme Court Overturns Med Mal Caps
In a well reasoned opinion, the Florida Supreme Court has overtuned the unfair medical malpractice caps. These caps devalued human life as children and seniors who were not breadwinners, could be the victim of malpractice with no real ability for …
20 Helpful Tips Every Plaintiff Attorney Should Know About the Medicare Secondary Payer Act and Medicare Set Asides
B. Josh Pettingill, MBA, MS, MSCC
1. Addressing Medicare’s past interests (resolving conditional payments) is an issue for everyone involved in the lawsuit/settlement process. Don’t forget to get the final demand letter from MSPRC before you disperse funds to your …
Benoit v. Neustrom: A Landmark Decision for Reduction of Liability Medicare Set Asides
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC
On April 17, 2013, the United States District Court for the Western District of Louisiana rendered an unprecedented decision. In a case where a limited recovery was achieved due to complicated liability …
CMS HQ Issues 1st Memo Regarding Liability Medicare Set Asides
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC
Many have been asking for formal guidance regarding Medicare set asides in liability settlements. It seemed as though that was never going to happen. That came to an end in May of …
CMS Issues Important Memo Regarding Liability Medicare Set Aside
In the first memo coming from CMS HQ regarding Liability Medicare Set Asides, Charlotte Benson, Acting Director Financial Services Group for CMS, gives us an exception to the need to create a set aside. According to the memo, a liability …
Liability Medicare Set Asides: Region 6 Memo Provides a Little Clarity
By Jason D. Lazarus, J.D., LL.M., MSCC
Synergy has gotten inquiries regarding a memo issued in May of this year by Sally Stalcup, the MSP Regional Coordinator for CMS (Region 6 – Dallas RO). The memo addresses Medicare set-asides in …
What to Look For When Hiring a Medicare Compliance (MSA) Vendor
By B. Joshua Pettingill & Jason D. Lazarus
The hiring of a Medicare Set Aside (“MSA”) allocation vendor is an important decision when settling a worker’s compensation or liability matter. The future medical costs included in the allocation report can …
