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Does Anybody Have “The Time”
A very common issue in emergency room cases, especially code situations, is the timing of when key events occurred. A major challenge for defense attorneys results from the fact that the times...
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Is Your Cell Phone Causing Cancer? Will it Cause More Litigation?
The International Agency for Research on Cancer (IARC), a division of the World Health Organization (WHO), recently reclassified cell phone radiation emissions as a “possible carcinogen”. Forbes...
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Digging for Data
During the past two months, FICO quietly rolled out a program to score individuals on the probability that they will take their prescription medications in the manner prescribed. As the privacy...
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Medicare Advantage Plans and Subrogation Claims
The issue of whether Medicare Advantage [MA] plans enjoy an enforceable right of subrogation (like Medicare Part A and B plans) was raised yet again in an August 2011 class action suit brought in New...
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Now Available: Non-Group Health Plan User Guide
The long awaited revision to the Non-Group Health Plan User Guide is finally available. CMS Issued Version 3.2 of the NGHP User Guide on August 17, 2011. It can be found on the CMS website. To find...
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MSPRC ANNOUNCES A NEW SERVICE
On September 23, 2011 the MSPRC announced that it would be adding a Self Service Information Feature to its current Customer Service Line that will provide automated conditional payment information...
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CMS Issues First Guidance for Liability Medicare Set-Aside
The Centers for Medicare and Medicaid Services (“CMS”) posted an alert (the “Alert”) that confirms that there has been an extension, in certain cases, of the reporting trigger date for Mandatory...
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Section 111 Medicare Secondary Payer Reporting Update
CMS Announcements on Fixed Percentage Option for Settlements of $5,000 or less, $300 Threshold Limit for Reimbursement, and Identification of Contractor for Medicare Secondary Payer RecoveryThe Centers...
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CMS Introduces Conditional Payment Reimbursement Option
Medicare expands resolution options to include a new Medicare repayment program for small settlements or judgments. This program will be available starting in February 2012 and applies to cases...
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Unveiling the Medical Records Plaintiff Does Not Want You to Find
It is not surprising that plaintiffs claiming to be injured in auto accidents are often evasive about their prior medical history and treaters. In an article published by the American Medical...
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Health Care Providers and Social Media: Too Risky?
A recent article published on socialmediatoday.com suggests that unlike other professional industries, health care providers have been slow to engage on social media. The article posits that the key...
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Williams' Words: Audio Affect on Saints Sanctions
The release of this audio recording raises numerous issues. Williams' career was already in serious jeopardy prior to the release of this recording, but now, he is virtually un-employable. His...
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Complying With Medicare, Medicaid Reporting Obligations
The Medicare, Medicare and SCHIP Extension Act of 2007 ("MMSEA") requires insurance companies and self-insured employers to report payments and settlements made to claimants who are Medicare-eligible....
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Wisconsin Act 10
2011 Wisconsin Act 10 (“Act 10”), which was signed into law by Governor Walker in March 2011, dramatically restricted the collective bargaining rights of municipal bargaining unit employees, except...
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UPDATE: Players Respond to NFL’s Motion to Dismiss Concussion Litigation
On October 31, 2012, lawyers representing thousands of former NFL players filed an opposition brief to the NFL’s current motion to dismiss pending in U.S. District Court in Pennsylvania, insisting that...
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District Court Denies Insurer Access to Insured’s Defense File
A Pennsylvania district court in CAMICO Mutual Insurance Co. v. Heffler, Radetich & Saitta, LLP (E.D. Pa. Jan. 28, 2013), refused to allow an insurer access to its insured’s defense file, holding...
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NFLPA and Harvard to Team Up for Study on Treatment of Football Injuries
Harvard University and the National Football League Players Association (“NFLPA”) are negotiating a deal with the NFL seeking a $100 million grant for the purpose of studying, diagnosing, and treating...
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The Danger in Failing to Address LMSA Issue Proactively: Early v. Carnival...
Plaintiff Susan Early was allegedly injured while a passenger on one of Carnival Corporation’s ships. A claim was initiated, then (apparently) resolved. The mediator in the matter filed his report on...
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NFL Teams Up with GE to Fund New Concussion Research
On March 11, 2013, the National Football League and the General Electric Co. announced that they are teaming up to create a Head Health Initiative that will provide $60 million dollars to assist...
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Student Bitten By Tick: Hotchkiss School on Hook For $41.75 Million
On March 27, 2013, a jury in federal district court in Bridgeport, Connecticut awarded Cara Munn, a 20-year-old woman who formerly attended the Hotchkiss School in Lakeville, Connecticut, $41,750,000...
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