Alabama Workers' Comp Blawg

  • 07
  • Nov
  • 2016

SOMETHING FOR ALABAMA EMPLOYERS TO CONSIDER WHEN THINKING ABOUT $0 MSA

SOMETHING FOR ALABAMA EMPLOYERS TO CONSIDER WHEN THINKING ABOUT $0 MSA In recent weeks Zero Dollar Allocation MSAs came into question. Initially it was thought that on any claim, even fully...

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  • 27
  • Sep
  • 2011

Medicare Interests Considered Protected Despite Lack of CMS Review

Recently in a case in Arkansas dealing with the Longshore and Harbor Workers' Compensation Act, a Federal Court ruled that Medicare’s interests were considered and protected based on a Medicare...

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  • 30
  • Aug
  • 2011

The Medicare Secondary Payer Charitable Foundation Announces Free Professional Medicare Set Aside Administration for Qualified Beneficiaries

The Medicare Secondary Payer Charitable Foundation(MSPCF), a not-for-profit organization, recently announced that it will provide free professional Medicare Set Aside (MSA) Administration for qualified beneficiaries nationwide. MSPCF will accept any...

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  • 26
  • May
  • 2011

CMS Reiterates and Clarifies Its Policy Regarding Workers Compensation Medicare Set Aside Proposal Review Thresholds

The Centers for Medicare and Medicaid Services (CMS) has released a new policy memorandum dated May 11, 2011 (May 11, 2011 memo) pertaining to workers’ compensation Medicare Set Asides (MSA)....

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  • 02
  • Mar
  • 2011

Employer Ordered to Continue to Pay Medical Benefits Despite Settlement of Same Where CMS Declines to Accept Proposed MSA Trust Allocation

ArvinMeritor, Inc. v. Clifton Johnson: On February 25, 2011, the Alabama Court of Civil Appeals released an opinion concerning the responsibilities of an employer when CMS fails to accept a proposed...

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  • 17
  • Jun
  • 2010

CMS New Policy Changes Announced in May 2010 Memo

CMS’ new policy memorandum addresses the separate issues of (a) off label and/or unlabeled outpatient drug uses and (b) rated ages in relation to the agency’s Workers’ Compensation...

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  • 27
  • Jan
  • 2010

MEDICARE TAKING AGGRESSIVE STAND ON RECOVERY OF CONDITIONAL PAYMENTS

In December of 2009, Medicare filed a lawsuit in the U.S. District Court for the Northern District of Alabama seeking to recover conditional payments it made to medical providers on...

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  • 27
  • May
  • 2009

REPRESENTATIVE TANNER REINTRODUCES WC MEDICARE SET-ASIDE REFORM

Representative John Tanner, of Tennessee’s 8th Congressional District, recently reintroduced the Medicare Secondary Payer and Workers’ Compensation Settlement Agreements Act of 2009. The bill has been assigned HR 2641. The...

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  • 08
  • Apr
  • 2009

CMS TO INDEPENDENTLY PRICE AND CALCULATE FUTURE PRESECRIPTION DRUG TREATMENT

On April 3, 2009, the Centers for Medicare and Medicaid Services (CMS) issued a formal memorandum stating that it will start independently pricing future prescription drug treatment costs/expenses in Workers'...

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  • 25
  • Mar
  • 2009

POSSIBLE DEFENSE ATTORNEY IMMUNITY TO CMS LIABILITY

Here is an update to ”http://www.alabamaworkerscompblawg.com/template_permalink.asp?id=118” a post made late last year about the Protocols v. Leavitt case. In this case a company and a law firm that provided consulting services...

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  • 26
  • Feb
  • 2009

CMS PURSUES RECOVERY DIRECTLY AGAINST ATTORNEY

United States of America v. Paul J. Harris, United States District Court, Northen District of West Virginia, Civil Action No. 5:08CV102: In this pending case, the U.S. government is pursuing reimbursement...

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  • 16
  • Dec
  • 2008

CMS SUED OVER MEMORANDUM OPINION

BACKGROUND:  On July 11, 2005, the Centers for Medicare and Medicaid Services (CMS) released its sixth policy memorandum with answers to frequently asked questions (FAQ’s) on Workers’ Compensation Medicare Set-Aside...

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