The Official Medicare Set Aside Blog And Information Resource

Is an MSA Technically a Trust?

Medicare Set-Aside Blog, Medicare Set-Asides, MSA Administration, MSP News on November 17, 2016
Posted by Jennifer Jordan, JD, MSCC

In the early days of Medicare set-asides, we used to see the word “trust” thrown around quite freely. But from a legal perspective, the word trust carries very specific legal connotations that people didn’t want attached to MSAs, so little by little we saw the use of the word disappear. If professionally administered, you will […] Continue

Personal Injury Attorney Suspended for Poor Handling of Medicare Conditional Payment Reimbursement

Conditional Payments, Medicare, Medicare Set-Aside Blog, MSP Litigation on December 7, 2015
Posted by Jennifer Jordan, JD, MSCC

Anyone can resolve a Medicare reimbursement. You don’t need to be a lawyer or MSP specialist. But the reason companies like ours exist is because CMS doesn’t make it easy. If you do not know how to navigate the process, it could take a long time. You may contact the wrong contractor and not receive […] Continue

Mary Reale’s Six Year Medicare Part C Saga Continues

Medicare Set-Aside Blog, MSP Litigation on December 3, 2015
Posted by Jennifer Jordan, JD, MSCC

In the ongoing saga as to whether Medicare Advantage actually has the same recovery rights as the federal government when it comes to Medicare conditional payments, the Court of Appeals of Florida has determined that the underlying state court in Humana v. Reale lacked subject matter jurisdiction in determining an MAO’s reimbursement rights. This decision […] Continue

Another Case Filed by MSP Recovery for Double Damages Pursuant to Medicare Secondary Payer Act Dismissed for Failure to Demonstrate Payment Obligation

Liability, Medicare Advantage, Medicare Set-Aside Blog, MSP Litigation on October 5, 2015
Posted by Joanna Wynes, JD

In MSP Recovery v. Allstate Ins. Co., 2015 U.S. Dist. LEXIS 1380834 (S.D. Fla. Sept. 22, 2015), the United States District Court for the Southern District of Florida dismissed yet another claim filed by, inter alia, John Ruiz, Esquire of La Ley Law firm on behalf of MSP Recovery against another personal injury protection (PIP) […] Continue

Tennessee PIP/MAO Private Cause of Action Scheduled for Trial in September 2016

Liability, Medicare Advantage, Medicare Set-Aside Blog, MSP Litigation on September 24, 2015
Posted by Jennifer Jordan, JD, MSCC

Yet another action by a Medicare Advantage Organization seeking recovery from a PIP carrier has been reported out of Tennessee. In this case, Cariten Health Plan is seeking reimbursement of $15,799 paid, out of $55,378.70 billed, on behalf of a Medicare Advantage beneficiary who had PIP coverage through Mid-Century Insurance, a Farmers subsidiary, at the […] Continue