Medicare Liens and MSPA Compliance Webinar (July 28, 2011) - Topics covered in this webinar include: an overview of the medicare lien resolution processes; Haro v. Sebelius and its effect on Medicare appeals; MSPA compliance and common challenges; alternatives to liability MSAs; and opportunities and resources for personal injury attorneys. To watch this free webinar click here.

December 16, 2011 - MSPRC Announces Streamlined Process for Conditional Payments in Certain Physical Injury Cases with Gross Settlement Under $25,000. Click here to read details.

November 21, 2011 - The 6th Circuit Court has affirmed the Hadden decision, which determined Medicare's right of full recovery of conditional payments, regardless of allocation of damages. To read Providio's analysis of the decision click here.

October 26, 2011 - Effective November 7, 2011, Medicare beneficiaries needing to reimburse Medicare for conditional payments in liability cases that were settled for $5,000 or less will have an option to pay a flat 25% of their total liability settlement recovery. To qualify for this option, the beneficiary must meet certain criteria that will be fully explained on the MSPRC website on November 7th. To read the announcement on the MSPRC website click here

October 1, 2011 - CMS revises MMSEA Section 111 reporting implementation timeline for certain liability insurance cases based on the Claimant/Medicare beneficiary's gross settlement value or 'TPOC'. To read the official CMS memorandum alert click here.

September 30, 2011 - On September 30 CM issued clarification of how to determine "date of incident" in various fact patterns. Click here to view the CMS guidance.

Spetember 30, 2011 - On September 30, 2011 CMS issued a limited Section 111 reporting exception for cases using a 468(b) qualified settlement fund. Read the CMS Alert by clicking here.

September 29, 2011 - On September 29, 2011 CMS issued guidance saying that if the beneficiary's treating physician in a liability case certifies as complete the treatment for the injury that was the subject of the settlement, then CMS deems Medicare's interest to have been properly taken into account under the MSP Act. To read the CMS Memorandum click here.

September 16, 2011 - Court Validates Medicare Set Aside in Mixed Liability/WC Case. To view Providio MediSolutions analysis of Billy Smith vs. Marine Teminals of Arkansas click here.

September 1, 2011 - Update on US v. Stricker. In three memos issued on August 12, 2011, Judge Bowdre ended the government's attempt at recovery using a theory of continuing accrual. To read this article, click here.

August 9, 2011 - Providio MediSolutions and PRIUM announce strategic alliance to reduce MSA costs while increasing the quality and effectiveness of patient treatment. To read the joint press release, please click here.

June 21, 2011 - Delay of settlement payment is not bad faith (Wilson v. State Farm). To view this article, click here.

June 13, 2011 - Moratorium on Rights and Responsibility Letters Lifted. To view this article, click here.

June 1, 2011 - Issuance of the Demand Letters is Temporarily Suspended - Review of the Rights and Responsibilities Letter is Complete. To view this article, click here.

May 25, 2011 - CMS Dallas Regional Office - Sally Stalcup's Response to Questions Regarding Liability MSAs. To view this article, click here.

May 25, 2011 - Protecting Medicare's Interests and Summarization of One Region's Interpretation. To view this article, click here.

May 23, 2011 - CMS Memorandum: Submission of a WCMSA proposal to CMS for review and approval is a recommended process. To view this article, click here.

May 12, 2011 - U.S. Attorney in Western District of New York issues protocol for liability Medicare set-asides. To view this article, click here.

U.S. v. Stricker - Mass tort case in which no conditional/past payments were made to Medicare/CMS, nor were there any set-asides for future medicals of Medicare beneficiaries. DOJ sued the various plaintiff firms involved and the defendant insurers (including Travelers and AIG) for $69 million. Initial finding against the government due to untimely filing regardless of whether applicable statute of limitations was 3 or 6 years. Decision on appeal, but it is widely believed the decision will be upheld. Lesson/Effect: Observers expect the DOJ and CMS/Medicare to be aggressively watching mass tort cases and larger settlements more closely so as not to miss any payments.

Big R. Towing v. Benoit - Liability case. Court ordered Benoit to reimburse Medicare for all past payments and to set-aside $52,500 of $150,000 recovery for potential future medicals. Lesson/Effect: Court recognized value of MSA to protect Medicare's interest in liability case. Providio has a solution for smaller cases like Benoit that would have been even more cost-effective for Benoit while still taking Medicare's interest into account. This is why plaintiff firms and defendant insurers alike should implement MSPA compliance plans that include solutions for large/complex liability cases as well as smaller liability case settlements.