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 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…
In this episode of TLV, I chat with Daniel Kramer of Kramer Trial Lawyers about how he pays it forward with organizations like LATLC, how he has learned more in 2020 than in law school, getting out of your comfort zone, and his concern pertaining…
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC Some clients, post-accident, may have switched over to a Part C Medicare Advantage Plan. Therefore, even if you have gone through the resolution process for your client and gotten the Medicare conditional payment related issues dealt with…
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC In this post, we now turn our attention to Medicare Conditional Payments and resolution of those obligations. Congress has given the Centers for Medicare and Medicaid Services (hereinafter CMS) both subrogation rights and the right to bring…
In this episode of Trial Lawyer View, host, Jason D. Lazarus, J.D., LL.M., MSCC, CSSC, speaks with Sara Williams of Alexander Shunnarah Trial Attorneys. We discuss her experience as a Black female attorney in the South, her thoughts on the practice of law, philosophies on educating…
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC For clients who are on Medicaid, they will most likely have a Medicaid lien when their case is settled. When Medicaid has made payments for medical expenses related to an injury, it may assert a lien against…
By Jason D. Lazarus, J.D., LL.M., MSCC You might ask yourself, why hire experts to assist with lien resolution when I can do it myself. You also might ask whether it is ethically permissible to outsource lien resolution to a lien resolution company. The…
In this episode of Trial Lawyer View, host, Jason D. Lazarus, J.D., LL.M., MSCC, CSSC sits down with Rich Newsome, of Newsome Melton, P.A. They discuss his involvement in high-stakes product liability litigation, creating Trial School, and what he sees as the biggest market disruption coming in personal injury law…