Workers' Compensation

Recent Posts

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

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

Medicare Secondary Payer: Will the SMART Act Pass This Year?
Posted on 20 Apr 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq. As the election year heats up, many with Medicare Secondary Payer (MSP) issues are curious as to what the chance the Strengthening Medicare and Repaying Taxpayers Act of 2011 (the SMART Act) has of getting passed during the... Read More

Court Rules That State Bar’s Professional Liability Fund Is NOT Subject to MMSEA Reporting
Posted on 29 Apr 2012 by Mark Popolizio, Esquire

By: Mark Popolizio, Esquire, Crowe Paradis Services Corporation In the case of Oregon State Bar Professional Liability Fund v. United States Department of Health and Human Services & Kathleen Sebelius , 2012 U.S. Dist. Lexis 43790 (D. Oregon, March... 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

Take Medicare Off That Check: Court Rules That Medicare Not Required to be on Settlement Check
Posted on 19 Jun 2012 by Mark Popolizio, Esquire

By: Mark Popolizio, Esquire, Crowe Paradis Services Corporation In Hearn v. Dollar Rent A Car, Inc., et. al. , 2012 Ga. App. LEXIS 338 (Ga. Ct. App. March 26, 2012), the Georgia Court of Appeals was called upon to address whether the court could enforce... 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

Putting the Medicare Cards On the Table: Court Rules That L-MSA Not Required Per the Parties’ Mediation Settlement Agreement
Posted on 19 Jun 2012 by Mark Popolizio, Esquire

By: Mark Popolizio, Esquire, Crowe Paradis Services Corporation In Bruton v. Carnival Corporation , 2012 U.S. Dist. LEXIS 64416 (S.D. Florida May 2, 2012) the court ruled that a liability Medicare set-aside (L-MSA) was not required as part of the settlement... 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

Court Grants Hearing in LHWCA Settlement When CMS Declined to Review Case Within Its Thresholds
Posted on 6 Jan 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC Medicare set-asides have become an albatross for all insurers. And despite all their efforts to do exactly what CMS wants in the interest of protecting the Medicare Trust funds, CMS is constantly... Read More