Workers' Compensation

Recent Posts

Four Reasons to Avoid the CMS Approval Process for MSAs
Posted on 1 Feb 2012 by Teddy Snyder

By Teddy Snyder, Esq., Ringler Associates - Beverly Hills, CA 1. MMSEA reporting makes approval unnecessary for Medicare beneficiaries. Reporting under the Medicare, Medicaid and S-Chip Extension Act, aka “section 111 reporting”, started... Read More

MSP Compliance and the Late, Great Jerry Garcia
Posted on 27 Sep 2011 by Robin E. Kobayashi

This year marks the 10th anniversary of the Patel Memo , the memo that launched the Medicare Secondary Payer industry. We are forced to look back over the past decade and recognize just how far we have come. As the late, great Jerry Garcia would say... Read More

Determining Medicare Status - Assessing CMS’ Query Process System in the Bigger Picture of MSP Compliance
Posted on 24 Jan 2012 by Mark Popolizio, Esquire

By Mark Popolizio, Esquire, Section 111 Senior Legal Counsel, Crowe Paradis Services Corporation Determining a claimant’s Medicare status is an integral part in evaluating one’s compliance obligations under the Medicare Secondary Payer Statute... Read More

Illinois Court Permits Ex-Wife to Take a Percentage of MSA Account as Part of Divorce Action
Posted on 11 Apr 2012 by Mark Popolizio, Esquire

By: Mark Popolizio, Esquire, Crowe Paradis Services Corporation In the case of In re Marriage of Washkowiak , 2012 Ill. App. Lexis 151 (Ill. App. 3 Dist., March 7, 2012) the Illinois Appellate Court ruled that a claimant’s former wife was entitled... Read More

The WCMSA Conundrum in California
Posted on 10 Jul 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. The following email string is true, accurate and correct. It is a typical email string between an applicant’s attorney and a defense attorney. We all have cases like this in our inventories. In this case, the Applicant... Read More

Medicare Secondary Payer: Conditional Payment Reimbursement Policies for Certain Liability Settlements
Posted on 28 Oct 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC In an effort to resolve Congressional concerns about the cost of MSP recovery efforts compared to the recoveries themselves, CMS started creating policies in the fall of 2011 to reduce the agency’s... Read More

California WCMSA: Separate Settlements for Each Claim - The Benson Case
Posted on 5 Nov 2012 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. Appellate review of California Labor Code Sections 4663 and 4664 on apportionment has mandated that physicians provide in their conclusions with reasonable medical probability approximately what percentage of permanent disability... Read More

Recent Medicare Set-Aside Changes
Posted on 14 Mar 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC Liability Medicare Set Asides Of the series of memos released by CMS on September 30, 2011, the most notable established a policy for when a liability Medicare set-aside (LMSA) would not be... Read More

CMS Releases Advance Notice of Proposed Rulemaking in "Future Medical" Situations
Posted on 27 Jun 2012 by Mark Popolizio, Esquire

By: Marty Cassavoy & Mark Popolizio, Crowe Paradis Services Corporation On May 3, 2012, the Centers for Medicare & Medicaid Services (CMS) provided early notice that it would be publishing proposed rules regarding Medicare Secondary Payer (MSP... Read More

CMS Announces New "Self-Calculated Final Conditional Payment Amount" Option for Certain Liability Claims
Posted on 17 Dec 2011 by Mark Popolizio, Esquire

By Mark Popolizio, Esquire Section 111 Senior Legal Counsel Crowe Paradis Services Corporation The Centers for Medicare and Medicaid Services (CMS) will implement a new Self-Calculated Final Conditional Payment Amount option beginning in February 2012... Read More

California WCMSA Case: Did Clinical Need for Medical Treatment Occur Faster Than CMS Process for Approving Medicare Set-Aside?
Posted on 2 Mar 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq. In California, there is a unique trend compared to the rest of the nation in that the Medicare Set-Aside process is primarily defense driven with less than full disclosure to the Applicants. While not applicable to all employers... Read More

Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 Reporting: Identifying Reporting Triggers – 2011 Updates
Posted on 28 Nov 2011 by Jennifer Jordan

It is important to be familiar with the criteria for reporting to avoid being late in adhering to the MMSEA Section 111 requirements. The determination of whether to submit a claim is dictated by two criteria, both of which must be met to require reporting... Read More

Love It or Hate It: Medicare Secondary Payer Enforcement Is Here to Stay
Posted on 2 Aug 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq. Progress is the theme of this year’s update to The Complete Guide to Medicare Secondary Payer Compliance , 2012 Edition (available in October; see special offer below). Nothing has improved so much that people don’t... Read More

Delaware IAB Enforces MSA Commutation Where Surgery Is Proposed After the Fact...and a Cupcake
Posted on 16 Aug 2012 by Cassandra Roberts

Today's post is a pretty dry discussion by Sassy Cassy standards. I stumbled across a recent Motion Day ruling that presents a potentially novel issue and has a little something to offer on the topic of enforceability of settlements. That and the... Read More