The Feds are coming
Last June we reported on a consent decree entered into by a The U.S. Attorney’s office in Philadelphia and Rosenbaum & Associates over the firm’s failure to pay $14,000 in past CMS liens related to multiple clients. The Decree called for payment of double the lien [$28,000] as well as strident internal process reviews, training and auditing by the firm. It also included an agreement that any further violation would be a False Claim Act violation.
Fast forward to March 18th and we have the United States Attorney for the District of Maryland hitting the Meyers, Rodbell & Rosenbaum, P.A firm for $250,000 and similar terms over a single lien related to a medical malpractice claim.
CMS compliance is getting more complicated. Plaintiff lawyers are directly exposed to CMS enforcement. At the same time, the malpractice risk extends to the CMS future interests. If that’s not enough, Medicare Advantage Organizations continue to gain ground in asserting Secondary Payers Act rights as to both past payments and future interests.
We are here to help. We can handle one case at a time or all your lien issues. When you need an assist setting up a process to properly identify lien issues at intake, process the liens through the claim/litigation process, properly educate the client on the issues, assure the settlement documentation is in order and protect the client and your firm against future interest claims ---we are here to help.
Medicare Madness: Wrongful Death Claims and Survivorship Claims and Release Language
7 hours agoWe are seeing an uptick in CMS lien recovery issues across the board. A hot topic has been Medicare asserting liens against wrongful death recoveries. The law is clear that CMS has no lien rights against a California wrongful death recovery. If you only represent WD heirs in a lawsuit, then no claim for past medical special damages to which a CMS lien could attach are implicated.
ERISA Plans drafted to exclude coverage – For Anything?
2 weeks agoWhen the Supreme Court issued its opinion in U.S. Airways v. McCutchen, 133 S. Ct. 1537 (2013), holding essentially that the plan language controls such that, “[t]he agreement itself becomes the measure of the parties' equities…”, the alarm bell rang loudly.
Medicare Liens for Prescription Drug Costs
2 weeks agoPractice Pointers: Medicare Liens For Prescription Drug Costs
When Life Expectancy Equals Dollars
2 weeks agoWhen calculating future damages, whether they be medical specials, lost earnings/earning/potential or general damages, the plaintiff’s life expectancy is a necessary figure to use in any equation.