11th Circuit Brings Clarity to the Statute of Limitations for Medicare Advantage Plans
November 14, 2022
By: Kevin James, Esq.
The Medicare Secondary Payer Act (MSP) has often been described by many courts as notoriously “complex”. This complexity has only increased as Medicare Advantage Organizations (MAO) have increasingly become more litigious in attempts …
Withdrawal of Long-Awaited Proposed MSP Rules for Liability Cases
October 18, 2022
By: Rasa Fumagalli, JD, MSCC, CMSP-F
Medicare has struggled over the years to provide rules clarifying existing Medicare Secondary Payer (MSP) compliance obligations when it comes to post-settlement injury-related care that is released in a liability settlement. …
Is it Workers’ Compensation or Liability?
July 21, 2022
Rasa Fumagalli, JD, MSCC, CMSP-F
Netflix’s new baking competition show “Is it Cake” challenges judges to identify which of two identical objects is edible and which is not. Attorneys settling cases involving work-related injuries may find themselves …
Post-Settlement Conditional Payment Issues in Workers’ Compensation Claims
May 13, 2021
Rasa Fumagalli JD, MSCC, CMSP-F
The conditional payment recovery process in a workers’ compensation claim is not always smooth. Although the workers’ compensation insurance carrier will generally resolve any conditional payments in an accepted claim, the injured …
Beware of Problematic Medicare Secondary Payer Compliance Settlement Terms
April 15, 2021
Rasa Fumagalli JD, MSCC, CMSP-F
Medicare Secondary Payer (MSP) compliance settlement terms utilized by defendants are often overly broad in nature. The recent opinion, Kupolati v. Village of Timber Creek Association, 2021 N.J. Super. Unpub. LEXIS …
CMS Continues Push to Reduce Improper Payments Under the Medicare Program
December 10, 2020
Rasa Fumagalli, JD, MSCC, CMSP-F
The Centers for Medicare & Medicaid Services (CMS) recently issued a press release announcing a steady decline in improper payments under the Medicare Fee-For-Service program over the past few years. The improper …
Medicare Expert Case Evaluations: Mitigating Medicare Secondary Payer Liability Related to Futures
July 9, 2020
By Jason D. Lazarus
Medicare Secondary Payer Compliance for law firms when it comes to “futures” is all about risk mitigation. How do you properly and compliantly close a file when you represent a Medicare beneficiary? The …
United States of America vs. Carrigan & Anderson, PLLC
April 29, 2020
United States of America vs. Carrigan & Anderson, PLLC, Stephen P. Carrigan: U.S. Attorney brings suit against personal injury lawyer and his firm over failing to pay back Medicare for conditional payments
By Jason D. Lazarus, J.D., …
Public Benefits Preservation: What Your Client Doesn’t Know will Hurt Them, and You!
April 9, 2020
By: Evelynn Passino
One of the many practice points rarely taught in law school: your client may lose public benefits as a result of a recovery, and you have a duty, as their attorney, to discuss benefit …
Medicare Compliance: Failing to address Medicare issues at settlement exposes personal injury law firms to DOJ actions
February 25, 2020
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC
If you do not resolve Conditional Payments, DOJ might come knock on your firm’s door. When you do not take Medicare compliance very seriously at your firm, you might …
