Synergy’s blog brings you the industry’s foremost thought leadership InSights on matters of healthcare lien resolution and Medicare Secondary Payer Compliance. Visit often to discover helpful InSights on important lien resolution compliance issues.
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC In the confusing landscape of public benefits and planning issues that arise today for trial lawyers, finding your way can be a daunting task. Should the client seek Social Security Disability (“SSDI”) benefits and become Medicare eligible? Doesn’t that trigger the need for a Medicare Set Aside? […]
In Allena Burge Smiley v. Hartford Life and Accident Insurance Company, et. al, No. 15-10056 (11th Cir. 2015), the Eleventh Circuit reiterated what Synergy regularly advises clients to do regarding the statutory document request pursuant to 29 U.S.C. 1024(b)(4) – send it to the right place! The first step in properly defending against an asserted […]
By Jason D. Lazarus, J.D., LL.M, MSCC Recently, an Arizona Federal judge ruled that he would not make a determination on whether a Medicare Set-Aside (MSA) is necessary on a medical malpractice case. According to Judge Stephen McNamee: [t]he Court finds that there is no justiciable case or controversy ripe for review. As such, the […]
Montanile v. Board of Trustees of National Elevator, 577 U.S. ____ (2016) In the post McCutchen world wherein trial attorneys find themselves at the mercy of ERISA Plans, it was with a measure of dread that we anticipated another unfavorable ruling from the U.S. Supreme Court in Montanile. (See previous blog post). However, Justice Clarence […]
Bet On Your Health! A pre-tax and tax-deferred attorney fee structure offers great benefits to attorneys who earn contingent legal fees. In essence, it is an unlimited retirement investment vehicle exclusively for attorneys. Using annuity based fee structures, an attorney can get a guaranteed competitive fixed rate of return. The returns are typically similar to […]
On November 9th 2015 The Centers for Medicare & Medicaid Services (CMS) announced the much anticipated, and long overdue, start date for the new Medicare Secondary Payer Recovery Portal (MSPRP). The new MSPRP will begin functioning on January 1, 2016. The current the MSP Web portal permits authorized users to register through the Web portal […]
New Medicare Portal Goes Live January 2016 On November 9th 2015, The Centers for Medicare & Medicaid Services (CMS) announced the much anticipated, and long overdue, start date for the new Medicare Secondary Payer Recovery Portal (MSPRP). The new MSPRP will begin functioning on January 1, 2016. The current MSP Web portal permits authorized users […]
The Supreme Court issued its ruling in John Joerg, Jr., etc. et. al. v. State Farm Mutual Insurance Company on October 15, 2015. The opinion is exceedingly important as it reinforces application of the collateral sources rule to bar evidence of future Medicare benefits which may be potentially received by the plaintiff.
Clients who receive needs based benefits such as Medicaid and SSI require special planning to protect eligibility for those public benefits. More and more frequently, a pooled special needs trust is being utilized to preserve eligibility given the ease with which one can be set up and the relatively low cost.