Families of those lost in the Ethiopian Airlines Boeing 737 Max crash met with Biden’s Transportation Department seeking to get the top FAA official fired for being “too cozy” with Boeing. According to the families, “The FAA has been, and continues to be, more interested in protecting Boeing and the
Bar Counsel wanted to suspend him. The Court wanted him to continue serving his community where “his pro bono legal service and his other volunteer efforts have been exceptional.” Issue: …
As a law firm in the Sunshine State, water safety has become a hallmark of DCY’s commitment to our community. As trial attorneys, we have seen cases of catastrophic injuries in children and we know that the key to preventing tragedy is by prioritizing safety. We believe in fostering a …
May is Stroke Awareness Month and for that reason, we remind you to familiarize yourself and your loved ones about this disease, which is the fifth leading cause of death in the U.S. A stroke happens when blood flow to the brain becomes obstructed. If not quickly diagnosed and treated, …
When personal injury victims win a settlement, it can be life-changing. They have costly medical bills to contend with, as well as the fact that they often aren’t able to live or work the way they used to. To victims, settlements aren’t just money; they’re an assurance that the victim will have their needs met and will be able to get on with their lives as best they can.
On October 2, 2019, a World War II-era B-17 flying fortress bomber departed Bradley International Airport in Connecticut for a local sightseeing flight with 10 paying tourists on board. Shortly after takeoff the pilot radioed that he was returning to the airport because of an engine problem. A witness reported
Once you’ve already identified someone as a Medicare beneficiary (or someone with the reasonable expectation of becoming one within thirty months), the easiest way to make sure you’re compliant is to follow the acronym “CAD.”
KPIX5 asks Mike Danko about the criminal charges brought against PG&E for its role in the Kincade fire. Danko explains that even if a jury renders a guilty verdict, no one at PG&E will go to jail. It’s the civil justice system, not the criminal justice system, that compensates victims
Heidi Ahlborn was injured in a very serious car accident in January of 1996. At the time, she was a nineteen-year-old college student pursuing a degree in teaching. She suffered a catastrophic brain injury that left her incapable of finishing college and unable to care for or support herself in the future. When the Arkansas Department of Health tried to assert a lien against Ahlborn’s settlement, she sued, and the case went all the way to the Supreme Court, who found in her favor.
As of April 1, 2011, a Responsible Reporting Entities/insurers (RRE), (liability insurer, self-insurer, no-fault insurer, and workers’ compensation carriers) must determine whether a claimant is a Medicare beneficiary (“entitled”) and if so, provide certain information to the secretary of Health and Human Services (hereinafter “secretary”) when the claim is resolved. This is the so-called Mandatory Insurer Requirement, MIR for short.
Consider this scenario: you represent a current Medicare beneficiary in a third-party liability case. As part of the workup of the case, you determine the client will need future medical care related to the injuries suffered, and you settle the case. Since the client is a Medicare beneficiary, the defendant will report the settlement under the Mandatory Insurer Reporting law as it is greater than $750 in gross settlement proceeds.
For many years, personal injury cases have been resolved without consideration of Medicare’s secondary payer status even though since 1980 all forms of liability insurance have been primary to Medicare. At settlement, by judgment or through an award, an injury victim would receive damages for future medical expenses that were Medicare-covered. However, none of those settlement dollars would be used to pay for future Medicare-covered health needs. Instead, the burden would be shifted from the primary payer (liability insurer or workers’ compensation carrier) to Medicare. Injury victims would routinely provide their Medicare card to providers for injury-related care.
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