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Archive for March, 2010

How Health Care Reform May Affect Settlements

Wednesday, March 31st, 2010

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act of 2010 into law.  The enactment of this law heralds a new era in American health care and insurance practices.  Though there are many conflicting views on the changes that the law creates, there will definitely be a shift in how insurance companies and health care providers operate from now on.  In reviewing the basics of Health Care Reform, there are many aspects that may have an affect on future settlements in cases where an insurance company or provider has made payment.  It will be important in the coming months and years for attorneys to be aware of the status of their client’s insurance eligibility and enrollment, and to continue to remain compliant throughout the case management process.

Based on some of the basic tenents of the Patient Protection and Affordable Care Act of 2010,  here are a few things that the trial bar may see in the future: Read the rest of this entry »

Ask a Lien Professional – ERISA Subrogation & Reform

Wednesday, March 31st, 2010

QUESTION: 

Will the new Health Care Reform Law have any affect on ERISA plans and subrogation in the future? – FL Attorney 

ANSWER:

Right now there are many unknown variables regarding ERISA plans and the new Patient Protection and Affordable Care Act of 2010 that was signed into law on March 23, 2010.  What we do know is that health insurance practices, including Subrogation and Recovery will experience changes over the next few years. 

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans (US Department of Labor, www.dol.gov).  Employer provided health plans are governed by ERISA, which also loosely defines their right of recovery, allowing for “appropriate equitable relief” (29 USC 1132(a)(3)).  Plans that are Read the rest of this entry »

LSS Project and Multi-Case Resolution Program

Tuesday, March 30th, 2010

Lien Settlement Solutions is now equipped to handle Multiple Claimant Projects! 

In settlements like Asbestos Exposure/Mesothelioma diagnoses, Pharmaceutical Liability, Environmental Exposure, or Single Incident Personal Injury cases (among others), LSS can assist with the case management and compliance of files that may have an obligation to an insurer or provider.  We are able to create a resolution package for projects ranging from 5 – 1,000+individual claimants or beneficiaries.  From pre-screening, intake, reporting and resolution we have developed a process that will save your firm the time and headache of resolving multiple claims with several different potential lien holders. 

Our Project Resolution Program includes:

  • Pre-Screening – Before cases are submitted for resolution, we will review all related exposure, benefit eligibility, and billing records to verify the need for resolution services in an individual case.  For cases submitted for Asbestos Lien Resolution services, we will determine if the case meets Medicare’s provision for recovery of cases with exposure on or after December 5, 1980. Read the rest of this entry »

Changes in the MSPRC Conditional Payment Process- Webinar 04/14/2010

Friday, March 26th, 2010
The following Webinar is being provided by the MSPRC regarding the conditional payment and demand process.  The following information has been provided by the MSPRC:

Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/343904584

 
New changes have been made to the MSPRC Conditional Payment and Demand Process. This Town Hall Meeting will provide education on the New Conditional Payment Notice and Process, as well as updates on:-The MSPRC Recovery Process & Timelines-The Rights and Responsibilities Letter-Proof of Representation vs. Consent to Release-What’s new with the MSPRC      

 
Title:   Changes in the MSPRC Conditional Payment Process for Liability Insurance, No-Fault Insurance, and Workers’ Compensation Cases 
     
Date:   Wednesday, April 14, 2010
     
Time:   1:00 PM – 3:00 PM EDT
 
After registering you will receive a confirmation email containing information about joining the Webinar.

CMS WC MSA UDPATE

Friday, March 26th, 2010

CMS has posted the following WC MSA Update:  http://www.cms.hhs.gov/workerscompagencyservices/01_overview.asp?

March 23, 2010

The CMS is moving forward with the development of the Workers’ Compensation Medicare Set-Aside Portal (WCMSAP). As you know, the WCMSAP will allow for the electronic submission of WCMSA proposals for future medical and future prescription drug costs on a more expedited basis. With the introduction of the WCMSAP web portal, scheduled for the first quarter of 2011, WCMSA submitters will receive a real-time acknowledgement of their proposal submissions. Rest assured that comprehensive educational material will be provided on this website for all interested parties before the implementation of the WCMSAP. Keep checking back for updates that will be coming from CMS about the WCMSA Web Portal.

CMS Mandatory Reporting Update

Friday, March 26th, 2010

  

The following update has been provided by CMS: http://www.cms.hhs.gov/mandatoryinsrep/04_whats_new.asp

March 22, 2010

Important Note:  The March 31, 2010 NGHP Town Hall Teleconference has been cancelled.

  • The March 11 and March 16 NGHP Town Hall written transcripts have been posted to the NGHP Transcripts section page.

The following documents have been placed in the Mandatory Insurer Reporting section page tab:

  •  July 1, July 14, October 6, October 22, November 3 and November 17, 2009 NGHP Written Transcripts

 

MMSEA Section 111 Update – March 2010

Wednesday, March 24th, 2010

Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007

For the past year insurers have worked towards developing procedures to be compliant with the MMSEA.  Signed into law by President George Bush on December 29, 2007, the Medicare, Medicaid and SCHIP Extension Act of 2007 has been implemented by CMS an attempt to curb the rising costs of the Medicare program.  MMSEA adds new reporting provisions requiring that insurers report all Workers Compensation, Liability and No Fault claims to the Coordination of Benefits Contractor (COBC), within a time frame designated by the Secretary. A $1000 penalty per day per claim may be asserted for failing to protect Medicare’s interest. Read the rest of this entry »

MSPRC Adds New Features To Website

Friday, March 12th, 2010

On March 11, 2010, the Medicare Secondary Payer Recovery Contractor (better known as MSPRC) announced changes to their flagship website, www.MSPRC.info. The updated site has a new “Tool Kit” feature, designed to assist attorneys, beneficiaries, Insurers and Employers with  MSPRC correspondence, the Medicare recovery process, and the necessary documents for compliant resolution.   

In addition to the Tool Kit, MSPRC.info now has an extensive “Glossary” where important terms, phrases, and policies are defined and explained.  The website offers other educational features like the “My MSP Tutorial”, form letter samples, Medicare alerts and up to date announcements from the MSPRC. 

These changes are a welcome addition to the information provided by MSPRC.info.  For more information about MSPRC issues, visit their website or call 1(866)677-7220 for the MSPRC call center.  Lien Settlement Solutions has Medicare Lien Resolution programs designed to maintain compliance while achieving the best possible outcome for your client.  Call us today for more information about our Medicare Lien Resolution services at 1(877)907-LIEN (5436) or by email at info@lienss.com.

Medicare Secondary Payer Reform- The Time is Now!

Wednesday, March 10th, 2010

Medicare Secondary Payer Reform – The Time is Now! 

 For the past year, the core objective of the Medicare Advocacy Recovery Coalition (MARC) has been to achieve Medicare Secondary Payer reform.  MARC has been aggressively advocating for improvements to the complex and often unfair Medicare Secondary Payer Act.  MARC is now one step closer to success.  

H.R. 4796, known as Medicare Secondary Payer Enhancement Act of 2010, was introduced in the House by Rep. Patrick Murphy (D-PA/8th District).  This bill was submitted to the House in an attempt to rectify the significant problems with resolution of conditional payments under the MSP Act.  The following is the legislative summary for H.R. 4796 as found on MARC’s Web site: 

Read the rest of this entry »

MMSEA UPDATE – March 4, 2010

Monday, March 8th, 2010

 

In recent weeks CMS has provided numerous updates regarding Medicare, Medicaid, & SCHIP Extension Act of 2007.  In addition to the implementation date being pushed back to January 1, 2011 CMS has attempted to provide clarity in their February 24, 2010 Alerts.  These alerts provide information on how NGHP entities can remain in compliance with the requirements and provide further clarification regarding who should report.

Despite CMS’ attempt to provide clarity to a very complex process, it is an industry consensus that the information that has been provided may have only confused matters more. 

The most recent information provided by CMS was posted on 03/04/2010:

http://www.cms.hhs.gov/MandatoryInsRep/04_Whats_New.asp#TopOfPage

  • The February, 2010 – 270/271 Health Care Eligibility Benefit Inquiry and Response Companion Guide for Mandatory Reporting NGHP Entities, Version 4, is being posted to the NGHP section page.
  • The January 28 and February 25, 2010 NGHP Town Hall Teleconferences written transcripts are being posted to the NGHP Transcripts section page.