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 …
Lien resolution Success Story – Synergy’s reduces Medicare Final Demand by 47%, obtaining a refund of over $43,000 for the injured plaintiff
This case involved a Medicare beneficiary who was injured as a result of medical malpractice. When the plaintiff’s attorney settled the personal injury action, Medicare presented a Final Demand of approximately $91,000. The plaintiff’s attorney paid the Final Demand to …
Lien Resolution Success Story – Synergy’s aggressive lien resolution tactics result in an Air Ambulance lien waived and self-funded ERISA lien reduced by 86%
This case involved a serious slip and fall accident that happened on a cruise ship while it was at sea. The plaintiff suffered significant injures, incurring medical damages in excess of $540,000. The injured plaintiff engaged a seasoned trial attorney, …
Maryland Suspends Attorney for Failure to Repay Healthcare Reimbursement Claim
Maryland Suspends Attorney for Failure to Repay Healthcare Reimbursement Claim
Failing to deal with the subrogation/reimbursement claims of health insurance carriers has proven to be a possible career ending mistake for one Maryland personal injury attorney. In the September 2013 …
ERISA Subrogation Claim Barred by One Year Statute of Limitations
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans. The United States District …
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The Centers for Medicare & Medicaid Services (CMS) has officially withdrawn their Notice of Proposed Rulemaking (NPRM) for protecting Medicare’s future interests with respect to future medicals.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) …