The Official Medicare Set Aside Blog And Information Resource

CMS Updates Unified Agenda Regarding Date for Civil Monetary Penalty Provisions for MSP Reporting Requirements

CMS, Mandatory Insurer Reporting, MSP News on August 12, 2019
Posted by Jean S. Goldstein, JD

Last week, we provided an update that the Centers for Medicare and Medicaid Services (CMS) updated the Unified Agenda as related to the proposed rulemaking for guidance regarding how to satisfying Medicare Secondary Payer (MSP) obligations. The Unified Agenda was also recently updated with respect to the proposed rule regarding civil monetary penalties for MSP […] Continue


Liability, MSAs, MSP News on August 6, 2019
Posted by Jean S. Goldstein, JD

In the end of 2018, we reported that the Centers for Medicare & Medicaid Services (CMS) added an item to the Unified Agenda, which is semiannual compilation of information about regulations under development by federal agencies.  The Unified Agenda is published in both the spring and fall.  The item added was a notice regarding an […] Continue

Appropriately Administratively Challenging Conditional Payments Saves Insurer from Double Damages

Conditional Payments, MSP Litigation, MSP News on June 26, 2019
Posted by Jean S. Goldstein, JD

Yesterday, an opinion on a familiar case came out of the Sixth Circuit [1].  The case is Duncan v. Liberty Mut. Ins. Co., Civil Action No. 16-CV-12570, 2019 U.S. Dist. LEXIS 106265 (E.D. Mich. June 25, 2019).  You may recall that we discussed this case previously here on our blog in August, 2018.   Last August, […] Continue

2019 Social Security and Medicare Trustees’ Reports Issued; Reports Sound Alarm (Again) as Depletion of Trust Fund is Imminent

Medicare, MSP News, Social Security on May 2, 2019
Posted by Jean S. Goldstein, JD

Each year, the board of trustees of the Social Security Trust Fund and Medicare Trust Fund release reports to Congress providing an estimated projected financial outlook for the programs.  Last week both reports were released.  The 79th annual Social Security Report can be found here, and the 54th annual Medicare report can be found here.  […] Continue

At the Intersection of a Longshore Act Claim and a Medicare Secondary Payer Act Claim: Which Side Wins?

Medicare, MSP Litigation, MSP News on April 17, 2019
Posted by Jean S. Goldstein, JD

An interesting case arose out of the United States Court of Appeals for the Ninth Circuit yesterday.  The case is Grimm v. Vortex Marine Constr., No. 18-15104, 2019 U.S. App. LEXIS 11035 (9th Cir. Apr. 16, 2019), and involves an intersection of the Longshore and Harbor Workers’ Compensation Act (LHWCA), and the Medicare Secondary Payer […] Continue