19 Feb 2019 Roy Franco 2 Comments
Blog, Legal/Legislative News, Medicaid Third Party Liability Recoveries, Medicare Secondary Payer News
The following article was co-written by: Roy Franco, Chief Client Officer and Matthew Newman, Associate Compliance Counsel A U.S. District Court’s ruling regarding MSP Recovery LLC’s recent filings in State Court has raised concerns about a possible Medicaid Third Party Liability recovery strategy. The situation involves an archaic discovery mechanism (“bill of pure discovery”) that would allow MSP Recovery LLC …
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12 Jun 2018 Heather Sanderson No Comments
About Franco Signor, Blog, Medicaid Third Party Liability Recoveries, Medicare Secondary Payer News
Originally published in the June 2018 Issue of CLM Magazine TIME TO GET PAID In 1965, President Johnson signed into law the Medicaid program, establishing the state-based healthcare safety net system in place today. Although since that time Congress has undertaken dozens of efforts to streamline and improve Medicaid, historically there has not been considerable focus to improve states’ Medicaid …
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12 Feb 2018 Heather Sanderson No Comments
Blog, Medicaid Third Party Liability Recoveries
As we have discussed in numerous blogs and webinars, Medicaid Third Party Liability (TPL) operates at a state level. For a more detailed explanation on Medicaid TPL, click here. In summary, the Centers for Medicare & Medicaid Services (CMS) has required each state to implement TPL legislation and regulation surrounding the recovery of medical payments made by Medicaid, where a …
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11 May 2017 Jesse Hamby No Comments
About Franco Signor, Franco Signor News, Medicaid Third Party Liability Recoveries, Medicare Secondary Payer News
Medicare Advantage Plans, LMSA/NFMSAs, and Medicaid Recovery Rights: What’s on the Horizon? Medicare Advantage plans are continuing to litigate nationwide to assert their rights to double damages for unreimbursed conditional payments. Class actions are being certified by MAOs to assert these rights against primary payers. CMS is taking steps announced plans toward establishing a voluntary review process for LMSAs and …
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21 Mar 2017 Heather Sanderson No Comments
Blog, Legal/Legislative News, Medicaid Third Party Liability Recoveries, Medicare Jurisdiction, Medicare Secondary Payer News, Medicare Set Aside
A Complaint has been filed in the State of Utah by its Attorney General to force four of its largest asbestos bankruptcy trusts to comply with civil investigative demands (CIDs) seeking information regarding whether the trusts were failing to reimburse Medicare and Medicaid for medical expenditures. The Complaint was filed March 7th in Salt Lake City. A copy of the …
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19 Oct 2016 Roy Franco No Comments
Blog, Medicaid Third Party Liability Recoveries
Medicaid Third Party Liability Background Medicaid is similar to Medicare in that it is a government program that provides health care benefits to certain groups of people; however it is different in that it is a needs based program, whereas Medicare is entitlement based (generally based upon being at least 65 years of age and/or disabled). With Medicaid, individuals must …
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15 Mar 2016 Roy Franco No Comments
Blog, Legal/Legislative News, Medicaid Third Party Liability Recoveries, Medicare Jurisdiction, Medicare Secondary Payer News, Trial Practice
In an unpublished opinion out of Illinois, McKim v. Southern Illinois Hospital Services, the issue litigated was whether certain government benefit program liens (e.g., Medicare and Medicaid) were capped by state lien law. As expected, the court disagreed, finding that Federal preemption entitled governmental plans like Medicare, Medicaid and Part D to not be subject to limitations imposed by state …
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03 Jun 2015 Heather Sanderson No Comments
Blog, Medicaid Third Party Liability Recoveries
We have been made aware that Kentucky has been recently requesting a workers’ compensation insurance questionnaire from insurance payers with regard to each of its injured workers to identify Medicaid beneficiaries. Many have been questioning where and why this questionnaire came from, if there is any obligation to respond to it, and if other states are implementing similar policies to …
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