The Official Medicare Set Aside Blog And Information Resource
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The Official Medicare Set Aside Blog And Information Resource: Category Archive for Litigation

At What Point Does a Preauthorized Medicare Covered Surgery Stop Being Medicare's Payment Responsibility? - Salveson v. Sebelius

LMSAs and a Meeting of the Minds – Bruton v. Carnival

Oregon Plaintiff Liability Fund Not an RRE

Hadden v. U.S. Petition for Writ of Certiorari Filed

Medicare is Officially not a Collateral Source in New Jersey

The MSA Double Standard – More Favorable MSA Determinations by Federal Courts

Haro Up On Appeal Too

Hadden: Will My Supreme Court Predictions Finally be Validated?

Medicare is a Defense to Bad Faith

Conrad Murray Might not be in Jail if He Only Treated Workers' Compensation Patients

Hadden v. US – Will the Supreme Court Take Cert?

There's Only 1 Way to Skin a Cat

Theory of Continuing Accrual Denied

Wright v. Liberty Medical Supply - Three-Party Checks and Medicare

Wasson et al v. Sebelius: Missouri's Contribution to the Apportionment of Wrongful Death Proceeds

Mirabal v. C.R. Bard, Inc. et al. - Demonstration of MSP Induced Waste of Time and Judicial Resources

(Humana v. GlaxoSmithKline) Another MAO Denied Access to Federal Court for MSP Recoveries

HARRELSON v. ARCADIA - CMS Approval as a Term of Settlement is a "Suspensive Condition"

Hinsinger v. Showboat Atlantic City - New Jersey Court Decides Attorney's Fees may be Deducted from MSAs

Haro v. Sebelius - CMS Takes a Beating in Federal Court

Little known fact about the SSDI off-set

MSP Litigation - Kentucky (DONNA BLACK v. JOHN/JANE DOE EMPLOYEE, ET AL)

To Be or Not To Be, Appropriateness of LMSAs is Apparently Still in Question

(Sullivan v. Farm Bureau Mutual) Two Conditions Precedent In Bringing MSP Suits

(Parra et al v. PacificCare of AZ) Further Support that Medicare Advantage Cannot Pursue MSP Recovery in Court on its Own Behalf

MSAs – A disturbing trend

Benson v. Sebelius - Medicare's Rights in a Wrongful Death Action

(Harris v. United Healthcare) The MSP Saves the Day in a Georgia Class Action

Kentucky - Run for the Roses in MSP Litigation

ArvinMERITOR, Inc. v. Johnson: Some days there is just no winning when MSAs are involved

Medicare Advantage Plans Lack Standing to Recover Conditional Payments in Federal District Court (Humana v. Reale)

Meeting of the Minds Imperative in WC Settlements Involving MSAs

(Big R Towing v. Benoit) CMS Successfully Shifting the Burden of MSP Enforcement to the Federal Court System

Nevada District Court Supports Medicare's Priority Right of Full Recovery Despite Bradley (Farmers Ins. Exch v. Forkey)

Ask Jen - 42 USC 1395y(b)(3)(A) Private Right of Action

State Farm Thwarted in Efforts to Protect Itself from Extraneous Post-Settlement MSP Obligations by PA State Court (Zaleppa v. Seiwell)

Philadelphia RO telling attorneys MSAs are REQUIRED on liability cases

Plaintiffs' Attorneys - Stop trying to circumvent the Medicare conditional payment reinbursement process by suing Medicare

11th Circuit Court of Appeals Gives CMS Something to Think About (Bradley v. Sebelius)

US v. Stricker Update

Liability MSAs