ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal News Blogs -> Breaking Legal News

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal News

: Breaking Legal News

Many lawyers aren?t aware of new rules

By (Breaking Legal News)

ADVERTISEMENTS

Many lawyers are still unaware of the upcoming enforcement of new Medicare reporting rules, let alone versed on how to prepare clients.

And some insurers, fearful of running afoul of the rules, are engaging in practices that have delayed getting awards to plaintiffs.

New Medicare Secondary Payer reporting rules require attorneys, insurers and even plaintiffs to report any personal injury settlement, judgment or other award to the Centers for Medicare and Medicaid Services (CMS) in cases where Medicare has rendered payment or could render future payments for care based on the injury alleged in the case. Failure to do so could result not only in CMS slapping a lien on the award for Medicare reimbursement, but also fines of up to $1,000 per day.

Due to the confusion over the rules, the government has postponed enforcement twice. Now, the reporting requirements are set to go into effect Jan. 1, 2011.

But the reporting rules apply to one-time payments made on or after Oct. 1, 2010 and ongoing-care settlements and awards made on or after Jan. 1, 2010, so lawyers who have yet to prepare for them are already behind the ball.

All of this has personal injury and elder law attorneys, insurers and clients on edge.

?The reason everyone is so scared is because as soon as you touch the money, you are on the hook,? said Christine Alsop, a partner at the Webster Groves, Mo. elder law firm Oelbaum, Brown & Alsop, where she works with plaintiffs? and defense attorneys as well as insurers on Medicare reporting requirement issues and set-aside trust creation.

?Many times insurance companies ? because of their fear about the rules ? have said ?we?re going to put Medicare?s name on the draft of the check,?? said Mark C. Joye of the Joye Law Firm, a personal injury firm in North Charleston, S.C.

Such a move creates problems that can delay the settlement process or stop it altogether, because negotiating such a payment is difficult if not impossible for the client or CMS. ?That will scuttle the settlement,? Joye said.

Read full article here

http://wislawjournal.com/article.cfm/2010/07/26/Medicare-setaside-rules-continue-to-baffle-Many-lawyers-arent-aware-of-new-rules

Full post as published by Breaking Legal News on July 27, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0138 secs (new cache)