Category Archives: Legal/Legislative News

Blog, Legal/Legislative News, Medicare Conditional Payments, Medicare Jurisdiction

CMS issued an alert on August 5th which states the following: On May 9, 2014, the President signed into law the Digital Accountability and Transparency Act (DATA Act). One outcome of this legislation will be to reduce the timeframe for the referral of delinquent debt to the Department of Treasury (“Treasury”) for both Non Group Health Plan (including self-insurance, liability, …
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Blog, Legal/Legislative News, WCMSA

On June 4th, workers’ compensation Medicare Set-Aside (WCMSA) legislation was introduced in both the House and Senate. In identical bills, the House, the bill (HR 4269) was introduced by Representative Dave Reichert (R-WA) with lead co-sponsor Representative Mike Thompson (D-CA). In the Senate the bill (S 1514) was introduced by Senator Rob Portman (R-OH) with lead co-sponsor Senator Bill Nelson …
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Blog, Legal/Legislative News, Medicare Jurisdiction, Medicare Secondary Payer News, Trial Practice

Franco Signor was invited for oral argument for the MSP False Claims Act case titled Takemoto v. Ace, et. al (Western District of New York) of defendants’ joint motion to dismiss plaintiff’s Amended Complaint before the court held on June 3, 2015. To remind our readers, this False Claims Act case is plaintiff’s (Dr. Kent Takemoto, relator) attempt to recoup …
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Blog, Legal/Legislative News, Medicare Conditional Payments, ORM

Yesterday, CMS held a webinar on the applicable plans newly created right of appeal that went into effect on April 28, 2015. Because of the Strengthening and Repaying Taxpayers (SMART) Act, CMS was required to develop regulations outlining how an applicable plan (workers’ compensation, liability, automobile insurance, no-fault insurance, including self- insurance law or plans) would exercise this right. As …
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Legal/Legislative News, Trial Practice

In an opinion out of the United States District Court for the Eastern District of Pennsylvania, Villare v. GEICO Casualty Company, 2015 U.S. Dist. LEXIS 36488, what would have been a finalized settlement came to a screeching halt due to disagreement over what, if any, Medicare Secondary Payer (MSP) obligations were required in settling a liability claim with a 64 …
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