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, …

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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…

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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) Admini…

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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 A…

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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 t…

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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’ Compensat…

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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 …

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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 20…

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  • 08
  • Apr
  • 2009

CMS TO INDEPENDENTLY PRICE AND CALCULATE FUTURE PRESCRIPTION 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 treatme…

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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 …

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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 …

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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 Work…

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