Tag Archives: liability

Fixed Percentage Recovery Option Available in Certain Liability Settlements

The MSPRC has implemented a new fixed percentage recovery option that will be available to certain beneficiaries effective November 7, 2011. The “Fixed Percentage Option” gives beneficiaries who have physical trauma based Liability insurance (including self-insurance) settlements of $5,000 or less the ability to resolve Medicare’s recovery claim by paying Medicare 25% of the total […]

CMS Announces New Fixed Percentage Option Regarding Medicare’s Recovery Claims for Certain Liability Settlements

The Centers for Medicare and Medicaid Services (CMS) has announced a new fixed percentage option regarding Medicare’s recovery claims for certain liability (including self-insurance) settlements beginning November 7, 2011. To review CMS’ announcement, click here www.msprc.info This option will be available to beneficiaries who receive certain types of liability (including self-insurance) settlements of $5,000 or […]

CMS Releases Policy Memo Addressing Liability MSAs

The Centers for Medicare and Medicaid Services (CMS) has released a policy memorandum (dated September 29, 2011) pertaining to liability Medicare set-aside (L-MSA) arrangements. To obtain a copy of CMS’ September 29, 2011 memo, click here. Per CMS, “[t]he purpose of this memorandum is to provide information regarding proposed Liability Medicare Set-Aside Arrangement (LMSA) amounts […]

CMS Announces $300 Threshold for Certain Liability Settlements

The Centers for Medicare and Medicaid Services (CMS) has announced a $300 monetary threshold for certain liability cases.  If the requisite threshold criterion is met, Medicare will not seek recovery against a beneficiary’s settlement, judgment, award or other payment.  To learn more about CMS’ new $300 liability threshold, including the various criteria that must be […]

U.S. v. Stricker

U.S. v. Stricker CV 09-BE-2423-E, 2010 WL 6599489 (D. N.D. Ala., September 30, 2010) In December, 2009, Medicare filed a lawsuit (U.S. v. Stricker) in Federal District Court through which it sued the plaintiff law firms, the defendant corporations and their insurance carriers for their alleged failure to protect its interests regarding conditional payments in […]

Hadden v. U.S.

U.S. v. Hadden No. 1:08-CV-10, 2009 WL 2423114 (D. W.D. Ky, Aug. 6, 2009) This case involved a pedestrian plaintiff, Mr. Hadden, who was struck by a utility truck as he was walking on a sidewalk. The accident was caused when an unidentified driver ran a stop sign thereby cutting off the utility truck causing […]

U.S. v. Harris

U.S. v. Harris No. 5:08 CV 102, 2009 WL 891931 (D. N.D. W. Va., March 26, 2009) This case arose from an incident in which Mr. Ritchea fell off a ladder. Mr. Richea hired Mr. Harris as his attorney to represent him on his personal injury claim. Mr. Harris filed an action against the ladder […]

Zinman v. Shalala

Zinman v. Shalala 67 F.3d 841 (9th Cir. 1995) The Zinman case involved a class action law suit filed by Medicare beneficiaries challenging the amount of Medicare’s conditional payment recovery in the context of discounted third party tort (liability) settlements. The beneficiaries sued the Department of Health and Human Services (HHS) arguing that under the […]