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Medicare is Subrogation |
By J Michael on
10/18/2008 10:22 AM |
| Medicare has a "Right of Subrogation". If the attorney handles the case properly, there will be no need to repay Medicare any of the client's personal injury recovery. |
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Re: Medicare is Subrogation |
By J Michael on
10/18/2008 10:22 AM |
| I am following “The Hayes Maneuver” in a case right now and it is working to a splendid degree.<br>It may be more akin to a philosophy, though. <br>Accent asked me to fax them a copy of the release showing settlement for pain and suffering only and that was enough for them – they closed their file right then and there! [Buffalo Attorney] |
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Re: MEDICARE |
By J Michael on
10/19/2008 11:36 AM |
| An Assistant Federal Attorney General for the Western District of New York just published in the Erie Bar Bulletin an article regarding Medicare's claims on personal injury recoveries. He observed, as does this writer, that Medicare is a subrogation statute.<br>He further noted that since most general releases in personal injury actions are all encompassing, they transform the right of subrogation into an "equitable lien". What he neither addressed nor contridicted is the statement that a general release for personal injuries only with a preservation of subrogation rights does not create a Medicare lien and, in fact, eliminates any Medicare claim on the personal injury settlement. |
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Re: MEDICARE DOES NOT HAVE A LIEN ON THE SETTLEMENT. YOUR CASE CAN BE RESOLVED FOR "PAIN AND SUFFERING ONLY". |
By J. Michael on
12/13/2008 9:00 AM |
| The Feds are becoming more aggressive. Starting January 1, 2009, any and all attorney requests to area hospitals for medical records for Medicare patients will result in notification to the Attorney General. Their feeling is that they will be better able to moniter potential lawsuits and claim a percentage of the injured party's recovery as repayment of medical expenses. Big Brother is Watching! |
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Re: MEDICARE DOES NOT HAVE A LIEN ON THE SETTLEMENT. YOUR CASE CAN BE RESOLVED FOR "PAIN AND SUFFERING ONLY". |
By Brenda S. Philadelphia, Pa on
4/6/2009 10:41 AM |
| Your knol medicare liens article really interests me. I may attempt to proceed in the manner you describe, but before I start, how do I even determine the amount to which medicare is subrogated? (is there a certain place you send a letter to? How long until they get back to you?). I've never had to deal with this before. <br><br>Brendan S., Philadelphia, PA |
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Re: YOUR ARTICLE IN THE NY LAW JOURNAL |
By BAILY LAW on
8/28/2009 7:53 AM |
| > J. Michael: I enjoyed reading your recent article on liens and ethics. I believe there is something else that is overlooked in this whole culture of settling liens for our non-clients, especially when said non-clients are the federal or state government.<br>The Medicare rules, and perhaps the State law, essentially presses us into indentured servitude as government lawyers. Any time I settle a case for an elderly client, I am also compelled to satisfy MSPRC's claim. By default I become the collections lawyer for the federal government and I am not paid a cent for it. Last time I checked the Thirteenth Amendment banned slavery and indentured servitude. I know PI attorneys are a hated bunch, but last I checked the Constitution applies to us as well. BAILY LAW<br><br>You are absolutely correct. The government is not stupid - they always, to my understanding, reduce their claims by one third. This device mutes the objections as, at least, the indentured servants are getting a full fee. Which brings us full circle: there is a conflict and the client's share is reduced.<br>JMH |
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Re:NY Law Journal |
By HWH, Jr. on
8/28/2009 7:56 AM |
| Michael –<br><br>Nice piece—very helpful.<br><br>How long till SCOTUS renders the equivalent of its Ahlborn decision on Medicare? That’s the only thing that will rein them in. <br> |
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Re: MEDICARE DOES NOT HAVE A LIEN ON THE SETTLEMENT. YOUR CASE CAN BE RESOLVED FOR "PAIN AND SUFFERING ONLY". |
By AMS on
10/2/2009 12:45 PM |
| Michael - this was a very helpful piece. thanks for your insight and knowledge. |
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Rules Effective January 1, 2010 |
By J. Michael on
10/16/2009 2:24 PM |
| Now the insurance carrier must notify CMS of a resolution. Still, this is a subrogation statute & there are no cases that truly (as opposed to illusory) have been resolved for "pain & suffering only" where CMS has recovered from either the Plaintiff, the attorney, the defense attorney or the carrier. The pleadings and the release are the ciritcal considerations. |
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Re: MEDICARE DOES NOT HAVE A LIEN ON THE SETTLEMENT. YOUR CASE CAN BE RESOLVED FOR "PAIN AND SUFFERING ONLY". |
By derekas on
12/29/2009 8:22 AM |
| Je tombe comme un blog, en particulier ce message! Continuer dans le même esprit! Merci! Bonne chance! |
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Re: MEDICARE MAY NOT HAVE A LIEN ON THE SETTLEMENT. YOUR CASE MAY BE RESOLVED FOR "PAIN AND SUFFERING ONLY". |
By J. Michael on
4/13/2010 8:31 AM |
| http://www.lawjournalbuffalo.com/news/article/featured/2010/04/12/102239/msp-debate-still-heating-up |
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