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Category Archives: Commentary

Well if MMSEA isn’t the result of a Conspiracy, is it Just Y2K-like Hand-Wringing?

In our last post, we queried whether MMSEA snuck by sleeping lobbyists in a conspiracy situation. This article, written by two lawyers, questions whether MMSEA is “Another Y2K or Cause for Concern.”  No question it’s a provocative title however the conclusion lands exactly where we expected… yes, this is a real concern and not comparable [...]
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Was MMSEA All a Big Conspiracy While Insurance Lobbyists Were Sleeping?

An interesting theory proposed by the “official” Medicare Set Aside Blog (HINT: not really official…) is that the insurance industry did not react strongly to MMSEA since they never saw it coming.  The concept was that the bill was hustled through during the holiday season and everyone missed it. The conspiracy is here.
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U.S. v. Harris: First Case on Attorney Liability for Failure to Pay Medicare

After even a short period of time studying the Medicare Secondary Payer Statute (MSPS) or MMSEA, your research will lead you to a federal district court order involving a lawyer being held liable for failure to repay Medicare.  It’s a case worth discussing and understanding as it may be the beginning of a precedent. The [...]
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Significance of AAJ’s August 2009 Emergency Memo on MMSEA and MSA?

Several weeks ago, there was a ruffle of attention paid to MMSEA and Medicare Set Aside (MSA) when Anthony Tarricone, president of the American Association for Justice, penned an August 11, 2009 “Emergency Medicare Set Aside Information” memo to AAJ members, which consist of plaintiff and consumer advocate lawyers. The Memo is available on the [...]
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MRC’s White Paper / Powerpoint Summarizes MMSEA

A fairly solid summary of MMSEA and its reporting requirements has been cogently put into a “white paper” (more accurately, a Powerpoint) by Medical Research Consultants.  Their website is here, press release is here, and the powerpoint is here.
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Hello world!

A few months ago, the issue of the “new” Medicare regulations arose.  Turns out, there not so new.  But they are “new” to a lot of practicing lawyers — plaintiff and defense — as well as mediators, general counsel and insurers. If you research these issues on the internet, your stuck with either (1) government [...]
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