The Official Medicare Set Aside Blog And Information Resource

Florida PIP Carriers Beware of a Potential Increase in MSP Reimbursement Demands

Liability, Medicare Advantage, Medicare Set-Aside Blog, MSP Litigation on September 11, 2015 | Posted by Jennifer Jordan, JD, MSCC

On August 28, 2015, the US District Court or the Southern District of Florida granted yet another motion to dismiss a MSP private cause of action for failing to demonstrate responsibility to make payment sufficient to trigger the Medicare Secondary Payer Act.  While at first I found the opinion rather insignificant given that this is […] Continue

Courts Can Only Enforce the Law, Making MSAs Tricky at TImes

Commentary, Liability, Medicare Set-Aside Blog, Medicare Set-Asides, MSP Litigation on February 12, 2015 | Posted by Jennifer Jordan, JD, MSCC

The most important thing you can do in any settlement involving a Medicare beneficiary is thoroughly memorialize the measures taken to protect Medicare’s interests. Vague mention in passing can lead to settlements blowing up or one of the parties not receiving what it bargained for. Take for example a recent Second Circuit Court of Appeals […] Continue

Dueling MSA Recommendations

Commentary, Liability, Medicare Set-Aside Blog on June 30, 2014 | Posted by Jennifer Jordan, JD, MSCC

We knew it was inevitable but the day has come. The Court of Appeals of Ohio published an opinion within which the parties debate the need for an LMSA and use the polar extreme of MSA providers to argue their cases. Unlike dueling life care plans, this was not a case of high and low […] Continue

Just Because Medicare Has not Made a Demand Doesn’t Mean it Won’t

CMS, Liability, Medicare Set-Aside Blog, MSP Litigation on January 24, 2014 | Posted by Jennifer Jordan, JD, MSCC

Liability attorneys have a fascinating practice of notifying lien holders of impending settlements – “answer me by this date or forever hold your peace, even though I know that you made payments because I knew to contact you, but the burden is on you to ask for it before I give it away.” What is […] Continue

LMSA Approval Floodgates in NJ State Courts Officially Opened

Commentary, Liability, Medicare Set-Aside Blog, Medicare Set-Asides on May 17, 2013 | Posted by Jennifer Jordan, JD, MSCC

Lexis released an opinion this morning from a December New Jersey state court ruling approving a liability Medicare set-aside arrangement. The opinion arises out of a September 2012 mediation in which the parties were able to arrive at a settlement but were unable to consummate the settlement because the settlement “contemplated a determination by the […] Continue

Update on MSAs & Prescription in Louisiana

Commentary, Liability, Medicare Set-Aside Blog, MSP Litigation on April 17, 2013 | Posted by Jennifer Jordan, JD, MSCC

For those of you in states that allow prescription, the 2008 decision in Reed v. Mid-States Wood Preservers, Inc. was a wake up call to understand that MSAs may have other unanticipated and unintentional affects on claims and settlement negotiations. In that case, the act of having multiple MSAs prepared and disclosed to the claimant […] Continue