The Official Medicare Set Aside Blog And Information Resource

Industrial Commission of Arizona Issues Advisory Document Outlining Best Practices for Full and Final Settlements

Medicare Set-Aside Blog, MSP News, State Regulations on July 23, 2018
Posted by Jean S. Goldstein, JD

The Administrative Law Judge Division of the Industrial Commission of Arizona has issued guidance for cases involving full and final settlements, in the form of an informative and suggested best practices document.  The document can be found here, and applies to full and final settlements that take place on or after August 3, 2018.  You […] Continue

Arizona SB 1100 Impacts “Full and Final Settlements” of Accepted Claims

Medicare Set-Aside Blog, Medicare Set-Asides, MSP News, State Regulations on May 17, 2018
Posted by Jean S. Goldstein, JD

Last month, Arizona Governor, Doug Ducey signed Senate Bill 1100 (SB 1100), which is a modification to the legislation allowing for full and final settlements.[1]  You may recall our initial blog on the ability to finally fully settle and close out a workers’ compensation claim in Arizona, under Senate Bill 1332 (SB 1332), as well […] Continue

An Attempt to Broaden Arizona’s Full & Final Settlement to Denied Claims Fails

Medicare Set-Asides, MSP News, State Regulations on February 22, 2018
Posted by Jennifer J. Mislanovich, JD

As we noted last year, in our post “Settling a Case in Arizona? What You Need to Know About Full & Final Settlements,” Arizona enacted Senate Bill 1332 (SB 1332), allowing permanent closure of all medical benefits in accepted claims. Last month we were excited to learn of the prospect that denied claims would follow suit when […] Continue

Settling a Case in Arizona?  What You Need to Know About “Full & Final” Settlements

Medicare Set-Asides, MSP News, State Regulations on August 3, 2017
Posted by Jean S. Goldstein, JD

Historically, workers’ compensation claims in Arizona have been subject to a number of limitations.  If additional medical treatment was needed, a claimant could reopen a claim at any time, despite the finality and resolution of the claim.  As a result, settlement of workers’ compensation claims in Arizona have been far less common because these claims […] Continue

Arkansas Act 1058: What About a Carrier’s Obligations Under the Medicare Secondary Payer Act?

Medicare Set-Aside Blog, MSP News, State Regulations on April 19, 2017
Posted by Jean S. Goldstein, JD

Senate Bill 760, or Act 1058 (“the Act”) was signed into law on April 7, 2017.  The initial purpose of the Act was to clarify the Workers’ Compensation Death and Permanent Total Disability Trust Fund.  However, the bill was revised to expand the Arkansas Workers’ Compensation Commission’s ability to consider and finalize specific settlements.  Act […] Continue

U.S. Supreme Court ERISA Ruling Instructive to Opt-Out Proponents

Commentary, Medicare Set-Aside Blog, State Regulations, Work Comp on March 4, 2016
Posted by Jennifer Jordan, JD, MSCC

Although not our standard MSP fare, the U.S. Supreme Court ruling on March 1, 2016, in Gobeille v. Liberty Mutual Insurance Company caught my attention nonetheless as potentially interesting to our work comp readers so here goes. The Court ruled that ERISA reporting requirements preempted a Vermont law that requires certain entities to report payments […] Continue

CMS Considering IMR Determinations More Favorably

CMS, Medicare Set-Aside Blog, Medicare Set-Asides, State Regulations on February 5, 2016
Posted by Jean S. Goldstein, JD

An interesting and exciting turn of events has occurred within the last week, and we are pleased to report that we have begun to notice a change in the manner by which CMS is considering Independent Medical Review determinations (IMRs).  Over the last two years, MEDVAL has played an instrumental role in assisting in educating […] Continue