US Attorneys Prove Ignoring Medicare Is Expensive

Medicare compliance should be a part of every injury firm’s business plan. Need proof? Take a look at this press release from the US Attorney’s Office for the Eastern District of Pennsylvania. Want more proof? Read the settlement agreement between the US Attorney and Philadelphia personal injury law firm Rosenbaum & Associates for nine unpaid…

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Wrongful Death Cases: Can Medicare Still Have its Superlien?

We received this question directly from a plaintiff last week (who also happens to be a practicing attorney): Can Medicare claim its reimbursement right where the case is only a Wrongful Death action? Answer: Maybe. Three Medicare cases help us get to the analysis. First there was Bradley v. Sebelius (621 F.3d 1330, 11th Cir.…

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Medicare Liens Are Limited

Two weeks ago, a California District Court ruled that Medicare can only seek reimbursement for items and services related to the underlying claim. Logical? Sure. But there’s more to it! First, the Court took on Medicare’s combination of ICD-9 or ICD-10 codes into one payment. Second, the Court reminded us all that Medicare’s claim is…

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Medicare Can Recover Payment for Any Alleged Injuries

Anderson v. Burwell gives us another example of Medicare’s powerful abilities to recover Medicare liens (or more accurately, Medicare Conditional Payments). The U.S. District Court for the Eastern District of Michigan, Southern Division, decided on March 3, 2016 that any care claimed as related to negligence is recoverable by Medicare. That recoverability is not earth-shattering,…

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Lien vs. Subrogation – A Primer

Most people don’t know the difference between a lien, subrogation rights, and rights of reimbursement. Those who do know the difference often don’t care. For instance, even our industry refers to a Medicare lien; however, Medicare does not (technically) put liens on your cases. Medicare liens are actually Medicare-rights-to-reimbursement and subrogation rights. But that’s a…

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