CMS Gearing Up to Reject Medicare Claims Related to Liability Settlements

CMS Gearing Up to Reject Medicare Claims Related to Liability Settlements

March 3, 2017

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 and their contractors will reject medical claims submitted post-resolution of a liability settlement on the […]

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Liability MSAs: A Disconnect Between the Plaintiff’s Bar and Insurance Industry

Liability MSAs: A Disconnect Between the Plaintiff’s Bar and Insurance Industry

February 8, 2017

B. Josh Pettingill, MBA, MS, MSCC In the absence of formal guidance from Centers for Medicare and Medicaid Services (CMS), the plaintiff’s bar and the insurance industry have not agreed upon the appropriate way to protect Medicare’s interests when resolving a liability case that funds future medical needs. This brief article will explain this disconnect […]

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Supreme Court Rejects Change in Lien Res. Outsourcing

Supreme Court Rejects Change in Lien Res. Outsourcing

January 22, 2017

After nearly five years, on October 6, 2016, the Florida Supreme Court issued Opinion SC16-104 and declined to make any change to the existing Rules Regulating the Florida Bar in relation to lien resolution outsourcing. As Florida’s trial attorneys know, the issue of whether there was a need for a change in the existing rules […]

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Medicare Reduces Reporting Threshold from $1,000 to $750

Medicare Reduces Reporting Threshold from $1,000 to $750

January 4, 2017

Medicare has reduced the threshold for when a physical trauma-based liability settlement is large enough that the beneficiary needs to report it and repay conditional payments. On November 15, 2016, the Centers for Medicare & Medicaid Services (“CMS”) issued an alert which decreased the current reporting threshold from $1,000 to $750. The threshold decrease is […]

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Damages “shall” be in an amount double… Medicare Advantage Plans

Damages “shall” be in an amount double… Medicare Advantage Plans

September 15, 2016

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 action. In Humana Medical Plan, Inc. v. Western Heritage Ins. Co., No. 15-11436 (11th Cir. Aug. 8, 2016) […]

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A Primer on Medicare Set Aside Self-Administration

A Primer on Medicare Set Aside Self-Administration

June 9, 2016

Synergy receives numerous calls every week regarding what is required to properly self-administer an MSA.  The purpose of this article is to provide some guidance to attorneys regarding self-administered Medicare set aside (MSA) accounts. In administering MSAs, funds may only be used to pay for future Medicare covered, injury related medical expenses of the plaintiff.

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5 Ways Lawyers Can Maximize Their Wealth By Deferring Fees

5 Ways Lawyers Can Maximize Their Wealth By Deferring Fees

April 28, 2016

Leif Lundberg, LL.M and Ben Eisler, JurisPrudent Deferral Solutions Takeaways Defer compensation like Fortune 500 executives do, so your money grows faster. Tie your fee to the returns of investments that you select – stocks, bonds, real estate, etc. Gain access to low-interest loans, as needed, to fund cases (currently 3-4%). Use “golden handcuffs” to […]

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