News & Analysis as of

Medicare Bodily Injury

Kennedys

California Court of Appeal clarifies Howell and proceeds to publish Audish v. Macias

Kennedys on

California’s Fourth Appellate District published its opinion in Audish v. Macias, clarifying the collateral source rule in personal injury cases. The Court built on the foundation provided by Howell v. Hamilton Meats &...more

Haight Brown & Bonesteel LLP

Can a Jury Consider a Plaintiff’s Medicare Coverage in Evaluating Future Medical Damages Claims?

Can a Jury consider a Plaintiff’s medicare coverage in evaluating future medical damages claims? A California Court of Appeals held in the affirmative in David Audish v. David Macias; Case No. D081689....more

Willcox & Savage

You've Heard of Medicare and ERISA Liens, but What About the Federal Medical Care Recovery Act? The Federal Law Controlling the...

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Claims adjusters are frequently warned to identify and resolve Medicare and Employee Retirement Income Security Act (“ERISA”) liens before finalizing settlements in personal injury claims. But there is another federal law...more

Epiq

CMS Issues a Technical Alert on the PAID Act

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On December 11, 2020, the Provide Accurate Information Directly (PAID) Act was signed into law by then-President Trump, with the express intent to assist settling parties to identify whether settling claimants to personal...more

Epiq

Got a Mass Tort? Tips on Resolving Healthcare Liens

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The first two parts of this series on mass tort tips discussed the best practices for intake and how to develop an inventory of mass tort cases. Now that all that hard work has paid off, and it’s time for settlement. In any...more

Michigan Auto Law

Auto Insurance Options for Michigan Veterans and Military Families

Michigan Auto Law on

There continues to be considerable and understandable confusion about the effects of Michigan’s new auto No-Fault insurance law, which the Legislature passed in June 2019. No area of the new law has created more confusion...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 29, Number 3. News Briefs: January 2020 #3

Report on Medicare Compliance 29, no. 3 (January 27, 2020) - Mission, Texas, rheumatologist Jorge Zamora-Quezada, M.D., was found guilty by a jury Jan. 15 for his part in a $325 million heath fraud scheme in which he...more

Epiq

Recent Settlements Warn Of Consequences For Failure To Reimburse Medicare

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When a law firm settles or resolves a personal injury claim on behalf of a client, the client’s health insurer has a right to be reimbursed for its past expenditures on the related injury. Reimbursement requests become...more

Ward and Smith, P.A.

How Can Medicare Affect My Personal Injury Settlement?

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Medicare is the federal health insurance program that covers people who are 65 or older and certain younger individuals with disabilities. If you are a Medicare recipient and you are injured, Medicare may cover the cost of...more

Butler Weihmuller Katz Craig LLP

New Medicare Conditional Payment Case: Federal Court Requires CMS To Perform Surgery On Its Primary Plan Reimbursement Demands

Doctors often treat Medicare beneficiaries for accident related injuries (for which a “primary” auto or workers’ compensation carrier must reimburse Medicare) and unrelated maladies at the same visit. Billing for the visit...more

Chambliss, Bahner & Stophel, P.C.

Medicare Change Means Those with Small Personal Injury Claims Can Settle Cases Quickly

Beginning on October 1, 2014, Medicare will no longer attempt to obtain reimbursement from personal injury plaintiffs with claims worth less than $1,000, and those beneficiaries will no longer have to give Medicare notice of...more

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