Finally-A Bit of Relief from CMS/Medicare for Insurance Companies!

Posted on behalf of Goldberg Finnegan, LLC on Nov 15, 2010 in Uncategorized

Any lawyer involved in representing injured people and settling claims with insurance companies knows that in the last year or so, the new Medicare law has created insane obstacles to getting our clients paid the money they deserve once a case is settled. I recently had an adjuster tell me that even though we settled the case with their insured over a month ago, they would not issue payment until they could confirm my client was not on Medicare. My client is young and is not disabled. I offered to give an affidavit that the client was not on Medicare. This was not enough for this adjuster. We still have not received the check and the client and I are very frustrated....

Those on Medicare are typically at least 65 years old or disabled. If Medicare pays medical bills that a third party is ultimately responsible for, Medicare will assert a lien against the third party recovery known as a "Medicare Lien." Personal Injury Attorneys and Medical Malpractice Attorneys are always careful to be sure that Medicare receives the money it is entitled to because otherwise still penalties apply to the lawyer and the client.

CMS, which is the Center for Medicare and Medicaid Services, has finally recognized the problem and on November 9, 2010 issued a revised timeline for implementation of the Section 111 Reporting Requirements. The reporting requirements now will not go into effect until October 1, 2011.

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