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Rule would boost Medicare whistleblower bounty to $10M (access required)

Published: April 25, 2013

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WASHINGTON – A proposed rule to drastically increase whistleblower rewards paid for information leading to successful Medicare fraud actions to as high as nearly $10 million was proposed by the Department of Health and Human Services this week.

Medicare plan can’t seek reimbursement from participant’s survivors (access required)

Published: April 24, 2013

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A private Medicare Advantage Organization plan could not sue a plan participant’s survivors for reimbursement out of the proceeds of an automobile insurance policy, the 9th U.S. Circuit Court of Appeals has ruled in affirming judgment.

Defendant can’t introduce fMRI lie detection results (access required)

Published: September 14, 2012

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A criminal defendant could not introduce results from a functional magnetic resonance imaging (fMRI) lie detection test to prove the veracity of his denials of wrongdoing, the 6th Circuit has ruled.

AAJ urges halt on secondary-payer regulation (access required)

Published: August 17, 2012

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WASHINGTON – The nation’s largest trial attorney group is urging federal regulators to hold off on a proposed rule that would require Medicare recipients who receive verdict awards or cash settlements to keep track of future medical care costs related to the accident, set them aside and pay those bills out of the settlement money.

Medicare benefits don’t reduce plaintiff’s damages (access required)

Published: August 14, 2012

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A personal injury plaintiff’s damages should not have been reduced by the amount of her Medicare payments or Medicare-negotiated discounts, the Minnesota Court of Appeals has ruled in affirming judgment.

Medicare’s secondary payer process remains messy (access required)

By: Sylvia Hsieh
Published: August 9, 2012

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Attorneys engaged in settling personal injury suits say the process for squaring away Medicare’s secondary payer rights is still a mess, and some suspect that new required reporting, from which Medicare collects data on personal injury settlements, is only making it worse. 

Wife may be eligible for Medicaid despite annuity (access required)

Published: July 12, 2012

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A married couple’s purchase of an annuity for the husband did not necessarily render the wife ineligible for Medicaid, the 10th Circuit has ruled in reversing judgment.

Medicare proposes personal injury settlement rules (access required)

By: Sylvia Hsieh
Published: July 11, 2012

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Proposed rules on how future medical bills in personal injury settlements should be handled to protect the interests of Medicare have been released by the Centers for Medicare and Medicaid Services.

Medicare set-aside account divisible in divorce (access required)

Published: March 16, 2012

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A wife in a divorce was entitled to a percentage of the husband’s workers’ compensation settlement that was placed in a Medicare set-aside account, the Illinois Appellate Court has ruled in affirming a $12,250 award.

CMS issues new Medicare reimbursement guidance (access required)

Published: December 30, 2011

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New guidance released by the Centers for Medicare and Medicaid Services is expected to streamline Medicare reimbursement for injured plaintiffs.

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