Estate and Elder Law

Recent Posts

Foley & Lardner LLP: CMS Initiatives for Bundled Payments to Improve Care
Posted on 1 Sep 2011 by Foley & Lardner LLP

By Shilpa S. Patel and Lawrence W. Vernaglia "Bundled payment" is one of the health reform strategies that received considerable attention during the health reform debates. Under this payment model, a group of providers (potentially including... Read More

Falling off a financial cliff without Medicare to catch you
Posted on 15 Aug 2011 by karplaw

Many spouses or adult children of seniors come to see me when their loved one has been admitted to, or is soon going into, a nursing home for long-term care. They are traumatized over their loved one's situation, of course. Often they are feeling... Read More

Medicare Secondary Payer News: Insured Must Establish Duty to Pay
Posted on 30 Aug 2010 by Vivi Gorman, HB Litigation Conferences

In a breach of contract action involving an automobile policy, a federal judge dismissed an insured's claim brought under the Medicare Secondary Payer statute against her insurer, ruling July 6 that the injured insured party must establish that... Read More

Federal Appeals Court Rules Retirees Cannot Dodge Medicare Eligibility
Posted on 23 Feb 2012 by Anne Rabuck

By Anne Rabuck A federal appeals court has ruled [ enhanced version available to subscribers ] that those over age 65 and eligible for Social Security cannot escape their automatic entitlement to Medicare Part A benefits unless they repay... Read More

Will Seniors Lose Long Term Care Coverage? How Will They be Cared For?
Posted on 17 May 2011 by Deirdre R. Wheatley-Liss

Elderlawanswers reports this week that congressional proposals to change Medicaid funding target cutting services to seniors. The report takes the position that block funding of Medicaid will underfund Medicaid to the states. The states will then have... Read More

Steve Mullins of Luckey & Mullins on Medicare Secondary Payer
Posted on 4 Jun 2010 by HB Litigation Conferences

Steve Mullins of Luckey & Mullins co-chaired HB's May 19, 2010, conference on Medicare, Medicaid & SCHIP in Torts. Information about recordings and upcoming events on the subject can be found at In this clip, shares... Read More

Tom Blackwell of Gould & Lamb on Medicare Secondary Payer Filing Concerns
Posted on 4 Jun 2010 by HB Litigation Conferences

Tom Blackwell, director of strategic services at Gould & Lamb in Bradenton, Fla., spoke on Medicare secondary payer filing concerns in the context of tort, construction and personal injury litigation during HB Litigation Conferences May 19, 2010,... Read More

A Pacemaker and Our Healthcare System
Posted on 26 Sep 2010 by Sandra L. Smith

Recently, the New York Times published an article that describes how the modern medical system destroyed a family's life and journey through the aging process. The family featured in the article centered around a couple in their mid-eighties who had... Read More

Tags: Medicare

"Medigap" Coverage Policies and Categories in Tennessee
Posted on 28 Sep 2011 by Timothy Takacs

"Medigap" insurance can pay for non-covered services, deductibles, and co-payments not otherwise covered by Medicare Part A and Part B. Except for Minnesota, Massachusetts, and Wisconsin, U.S. territories, and D.C., states must limit the number... Read More

Managing Malpractice in Medicare’s Never-Never Land
Posted on 22 Feb 2013 by LexisNexis Estate and Elder Law Center Staff

Some things just aren't supposed to happen. In health care, they are referred to as "never events" and include hospital-acquired infections or injuries, medication errors and objects left inside patients during surgery. Yikes. The Centers... Read More

Miami-area Clinic Owner Pleads Guilty in $23 Million Medicare/Health Care Fraud Scheme
Posted on 14 Sep 2010 by LexisNexis Estate and Elder Law Community Staff

From the US Department of Justice : WASHINGTON - A Miami-area resident who owned and operated an HIV infusion clinic pleaded guilty today for her participation in a $23 million HIV infusion Medicare fraud scheme, the Departments of Justice and... Read More

New Incentives to Retire Early - Government will offset Employers Paying Continued Health Care Costs
Posted on 4 May 2010 by Deirdre R. Wheatley-Liss

The Obama Administration reports today that they will subsidize employers who are providing medical benefits to "early retirees". The issue is that Medicare kicks in at age 65. Given the costs of private health insurance, older, and sometimes... Read More

Alexander Polsky of JAMS on the Mediator's "Client" - Litigation Management & Case Resolution Under the New Medicare Guidelines
Posted on 4 Jun 2010 by HB Litigation Conferences

Mediator Alexander Polsky of JAMS spoke to an audience gathered for HB Litigation Conferences May 19 program on Medicare, Medicaid & SCHIP in Torts, during a session titled "Litigation Management & Case Resolution Under the New Medicare Guidelines... Read More

Hook Law Center: The Pitfalls of Medicare
Posted on 14 Aug 2012 by Hook Law Center

Medicare can be a wonderful benefit for those 65 and older. However, Medicare eligibility rules can be very complicated, and you may feel that you're in a trap more complicated than running the gauntlet in medieval times. There are many factors which... Read More

Detroit-area Clinic Operator Sentenced to 56 Months in Prison for Role in Fraudulent Diagnostic Testing Scheme
Posted on 11 Aug 2010 by LexisNexis Estate and Elder Law Community Staff

From the US Department of Justice : WASHINGTON - An operator of a Detroit-area medical clinic was sentenced Tuesday to 56 months in prison for his role in a conspiracy to defraud the Medicare program, the Departments of Justice and Health and Human... Read More