Medical Expenses

News & Analysis as of

An Award of Future Medical Damages is Not Automatic

Barry P. Goldberg counsels his clients that an award of future medical damages is not automatic. In fact, future medical expenses must be carefully presented both at the claim stage and in litigation. Not only must the future...more

Plan C for Your Plan B - Using Excepted Benefits to Maximize Cost Savings under Obamacare for Small Businesses: Non-Coordinated...

Overview - The Godfather trilogy is one of my favorite movie series. My mother was Italian American with both parents from the Old Country. What is the connection between these Oscar winning films and Obamacare?...more

Keeping Track of Your Injuries

Anyone who has been seriously injured in an accident knows how jarring it can be in an already busy life. If you suffered an injury and are interested in pursuing legal action, there are several things you should start doing...more

Illinois Supreme Court to Decide Whether Courts Can Award Child Support From Custodial to Non-Custodial Parents

Our previews of the newly allowed petitions for leave to appeal from the closing days of the November term continue with In re Marriage of Turk, which poses a potentially ground-breaking question of domestic relations law:...more

What the Collateral Source Rule Means for You

Two bills have recently passed the Arizona state legislature modifying the application of the collateral source rule — a law that prevents a jury from considering outside payments or benefits when calculating its own award of...more

How to Stop Getting Medical Bills on Your Nevada Work Comp Claim

Injured workers with accepted workers' compensation claims should not be getting bills for medical treatment from hospitals, doctors, an anesthesiologist, or radiologist. You know whether you have an accepted claim or not...more

Hailey French’s Story – When millions barely cover the bills

When our client Hailey French was awarded a $5.5 million verdict in her personal injury case against a drunk driver and two government agencies that were also negligent, we heard some backlash from folks who couldn’t...more

Health Savings Accounts - Where Banks and the Future of Health Care Meet?

Since 2003, when Congress created the Health Savings Account (HSA), banks have been involved in helping employers and individuals set up the accounts to fund future health care costs. HSAs are increasingly striking a chord...more

Paying Your Medical Bills After an Accident

According to researchers at Harvard Medical School, debt for medical expenses accounted for 62% of all bankruptcies in 2007, up from 46% in 2001. These included expenses after an accident and due to illness. We know how...more

What Time Limits Apply To New Jersey Workers’ Compensation Claims?

After sustaining a serious workplace injury, few workers focus on how to get claims paid, but their focus changes once the bills start arriving. Unfortunately, by the time you learn about the extensive medical expenses, it...more

Repayment And Lien Matters In Personal Injury Cases

You may not realize that if you received certain types of medical insurance benefits for your accident injuries, you may need to repay some of it. The law allows many insurers to recover a portion of what they paid on your...more

Health Care and Bankruptcy in Arizona

Getting sick can be very expensive. Many of the bankruptcy cases I file here in Arizona have a large amount of medical bills. And things don’t look to be getting any better. I just renewed my health insurance for my family...more

Three aspects of personal injury claims that surprise our clients

As an attorney who exclusively practices personal injury law, I talk to a lot of people who have recently been involved in automobile collisions. Very few of these folks have ever been involved with any aspect of the legal...more

What Happens in a Personal Injury Case?

Personal injury claims can be filed for any injury caused by someone else’s recklessness, wrongdoing or lack of regard. They can arise from car accidents, pedestrian and bicycle accidents, slip and fall accidents and medical...more

Bill Introduced to Curtail the Stark Law's In-Office Ancillary Services Exception

On August 1, Rep. Jackie Speier (D-CA) introduced H.R. 2914, the Promoting Integrity in Medicare Act. The legislation would provide that the Stark Law's in-office ancillary services (IOAS) exception is not available for...more

An Insurer Cannot Claim That It Was Unaware of Claims Handling Statutes As A Defense To Bad Faith

The South Dakota Supreme Court in Bertelsen v. Allstate Insurance Co., 833 N.W.2d 545, No. 26442 (June 12, 2013) (1) held that an insurer cannot avoid bad faith liability by claiming it did not know about controlling claims...more

A Continued Examination of Charitable Patient Assistance Programs - Part Seven in a Series: Charitable PAPs: Donations and...

In today’s challenging health care environment, Charitable Patient Assistance Programs (Charitable PAPs) have emerged to meet the needs of the nearly 30 million Americans that are underinsured and have difficulty paying...more

IPPS Final Rule: CMS Addresses Allina Decision and Addresses New Medicare DSH Payment Calculations

In the fiscal year 2014 Inpatient Prospective Payment System (IPPS) rule published in the Federal Register on August 19, 2013, CMS took two steps of note regarding the Medicare disproportionate share hospital (DSH)...more

A Review of CMS' Approach to $125 Million Recoupment of Payments to Providers for Services to Incarcerated / Unlawfully Present...

CMS seeks to recover from providers $125 million in alleged overpayments for services to beneficiaries who are belatedly identified as ineligible (incarcerated/unlawfully present). In this post, Sheppard Mullin examines the...more

Trouble Ahead for One-Day Inpatient Stays: New Pre-Billing Challenges Loom

On Aug. 19, CMS published a final rulemaking that may effectively eliminate DRG Part A payments for most acute care inpatient stays of one day....more

Ruminations on Observation

On July 29, 2013, the Office of Inspector General of the U.S. Department of Health and Human Services (OIG) released a memorandum report finding that Medicare paid more on average for short inpatient stays than for...more

OIG Finds That Medicare Could Save Millions by Strengthening Billing Requirements for Canceled Surgeries

On August 6, 2013, OIG released a report with its findings that in a sampling of 100 hospital inpatient claims involving short-stay, canceled elective surgery admissions, 80 did not meet Medicare’s requirement that the...more

CMS Releases FY 2011 SSI Ratios

CMS has released the FY 2011 SSI data for IPPS hospitals, LTCHs, and IRFs. This data will be used to determine the disproportionate share adjustment for hospitals and the low-income payment adjustment for IRFs for cost...more

Medicare Bad Debts and CMS's "At a Collection Agency Policy" - New Uncertainty

As reported in previous Payment Matters articles (6/11/08, 4/4/13 and 6/27/13), the United States District Court for the District of Columbia has ruled in two separate opinions that a Medicare contractor is not permitted to...more

State of the Union - Part 4: Medical Expense Account

Overview - Over the course of this series, I have been pontificating on a number of points. First, ERISA and tax regulation have in my view had the unintended effect of reducing benefits for workers and business owners...more

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