By Guest Author Rasa Fumagalli, J.D., MSCC, CMSP-F – Director of MSP Compliance Services It is well established that parties to a settlement involving a current Medicare beneficiary should consider Medicare’s potential interest in the settlement. This interest comes from the Medicare Secondary Payer (“MSP”)…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services Effectively minimizing or eliminating the reimbursement of any claimed medical lien is a critical part of ensuring just compensation for the injured. Personal injury lawyers encounter numerous obstacles in the…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services Introduction In the world of personal injury law, every moment counts. The intricacies of building a solid case, negotiating with insurance companies, and advocating for your clients in court demand…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services Introduction: When it comes to settling a personal injury case, the complexities of health insurance subrogation can significantly impact the disbursement of settlement funds. Attorneys handling these cases must navigate…
By Jason D. Lazarus, J.D., LL.M., CSSC, MSCC Because most of a lawyer’s malpractice exposure at settlement is related to public benefit preservation, it is important to understand the basics of these benefits. Ethically, a lawyer must be able to explain these matters to the…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services Introduction Navigating the complex world of healthcare liens can be overwhelming, especially for cases involving military personnel, Veterans, Medicaid recipients and the uninsured who need hospital care. However, understanding the…
On March 8th, 2023, Daniel Tsai (Deputy Administrator and Director of CMS) sent a letter to all state Medicaid agencies providing guidance related to changes in third-party liability (TPL) requirements based upon the holding in Gallardo v. Marstiller. The Supreme Court’s ruling in Gallardo v.…
By Jason D. Lazarus, J.D., LL.M., CSSC, MSCC So, what do lawyers assisting Medicare beneficiaries do given all of the issues I have discussed in the previous chapters? In my opinion, you must put into place a method of screening your files to determine those…
By Jason D. Lazarus, J.D., LL.M., CSSC, MSCC My previous posts have focused primarily on the issues with conditional payments/liens and Mandatory Insurer Reporting. While those issues are very important, a larger issue looms regarding payments made by Medicare after settlement. Today, there is a…
By Guest Author Kevin E. James, Esq. – Lien Resolution Attorney The Medicare Secondary Payer Act (MSP) has often been described by many courts as notoriously “complex”. This complexity has only increased as Medicare Advantage Organizations (MAO) have increasingly become more litigious in attempts to…