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An updated Worker’s Compensation Medicare Set-Aside (“WCMSA”) reference guide has been issued.[1] The revised guide includes: Fields formerly labeled as “HICN” have been labeled as “Medicare ID” and can accept either Health Insurance Claim Number (“HICN”) or the new Medicare Beneficiary Identifier; The link to the CDC Life Expectancy Table has been updated; and The...
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On August 16, 2018, the US Court of Appeals for the Sixth Circuit remanded Duncan v. Liberty Mut. Ins. Co., 2018 U.S. App. LEXIS 22811, back to the US District Court. The case involved the Medicare Secondary Payer Act (MSPA) and questioned whether a party can pursue double damages under the Act. Facts of the...
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Recently, this question was addressed by the Maryland Court of Special Appeals in Netro v. Greater Balt. Med. Ctr., Inc., No. 1990, 2018 Md. App. LEXIS 679 (App. July 5, 2018). In Netro, the Fourth Circuit added to the budding list of jurisdictions addressing who is able to sue under the private cause of action provision of...
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On May 23, 2018, in the case of MAO-MSO Recovery II, LLC, et al., v. Mercury General, Case Nos: CV 17-02525-AB and CV 17-02557-AB (C.D. Cal. May 23, 2018), the Honorable Judge Andre Birotte Jr. ruled in favor of MSP Plaintiffs when denying the defendant, Mercury General’s, motion to dismiss. In a twenty four-page opinion...
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