Category Archives: Trial Practice

Blog, Medicare Jurisdiction, Reimbursements, Trial Practice

An appellate court in Oregon finds there is a binding settlement where the Medicare issue was not explored until after the case settled.   (See Rhoades v. Beck, 2014 Ore) In Rhoades the parties settled the personal injury case for a total of $20,500 ($15,000 to the injured plaintiff and $5,500 to her spouse).  An exchange of letters between the …
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Blog, Medicare Jurisdiction, Trial Practice

Following on the heels of Michigan Spine and Brain Surgeons, PLLC v. State Farm Mut. Auto. Ins. Co., 2013 U.S. Dist. (E.D. Mich. 2013) and applying the principles set forth in Bio-Medical Applications of Tennessee, Inc., 656 F.3d 277 (6th Cir. 2011) the Sixth Circuit continues to limit the application of the Medicare Secondary Payer private cause of action – …
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Blog, Medicare Jurisdiction, Trial Practice

In the attached disciplinary decision, a public reprimand was issued against an attorney practicing law in the state of Massachusetts.  (READ THE SUMMARY)  The attorney, William R. Dimento, had no prior experience handling personal injury matters, and he was therefore completely unaware of the Medicare Secondary Payer issues in the case.  The injured plaintiff retained Mr. Dimento after she was …
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Blog, Medicare Conditional Payments, Medicare Jurisdiction, Medicare Secondary Payer News, Reimbursements, Trial Practice

Doglos v. Liberty Mutual, 2013 U.S. Dist. Facts:  In this case the plaintiff brought a complaint for breach of contract for defendant’s failure to timely pay settlement funds.  Plaintiff alleged that the defendant stalled in paying the settlement funds by taking the position that they needed approval from Medicare before they could pay plaintiff. Plaintiff brought a direct suit against …
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Blog, Medicare Conditional Payments, Medicare Secondary Payer News, Trial Practice

Effective January 1, 2014, settling defendants must work through yet another hurdle in attempting to achieve Medicare Secondary Payer compliance.  The new law, signed by Governor Quinn over objections of Industry groups such as the Illinois Insurance Association, is designed to expedite payment of settlement funds to the plaintiff attorney – within 30 days of delivery of the executed settlement …
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Blog, Trial Practice

The Medicare Secondary Payer law creates contingent liabilities for the insurance company or self insurance plan settling a liability or workers’ compensation claim. One way to mitigate against those liabilities is to settle a claim based on certain conditions. In several cases our office has blogged about, courts have been reluctant to support these pre-conditions unless there was a clear …
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Blog, Trial Practice

Many times our Company is asked whether or not it is appropriate for a lawyer to sign a release agreement that includes an indemnification clause by the lawyer or law firm.  The issue has come up more frequently as primary plans (insurance carriers and self insureds) attempt to navigate their contingent liabilities created by the Medicare Secondary Payer Act.  Prevailing thought is that if the …
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