Garretson Resolution Group Lien Resolution Ask the Experts
Thursday, June 14, 2012

Please Visit our Updated Resolution & Compliance Blog

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Thank you for visiting! Please click here to access the NEW Garretson Resolution Group Resolution & Compliance Blog . And don't f...
Monday, April 18, 2011

MSA Guidelines In Liability Cases

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My client fell in December 2007 and had to undergo a total knee replacement in 2008.  All medical coverage provided through her employer...

Medicare's Part with Social Security Claims

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I represent a 55 year old woman who has been receiving Social Security total disability benefits for years.  Her medical problems are prolif...

Medicare Compliance in Motor Vehicle Accidents

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I am trying to settle a Motor Vehicle Accident case with a knee injury. My client was born 12/02/45 making him more than 62 1/2 years old an...

Medicare Set Aside Arrangements Terms

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My client is a Medicare beneficiary who suffered a neck injury in a Motor Vehicle Accident. Their auto insurance has paid for treatment to n...

Responsibilities Of Defense Counsel In Liability Settlement Involving Medicare

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Thank you for contacting the Garretson Firm Resolution Group, Inc. ("GFRG") with your MMSEA question. Background: Misunderstanding...
Tuesday, January 25, 2011

Reimbursement Rights For ERISA

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Question A minor was injured, pays 100% of the Erisa lien. He or she will need future scar revenue 4-5 years later. How is the cost determ...
Monday, January 24, 2011

ERISA’s Preemption Clause

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Question I represent a man who sustained traumatic brain injuries that have rendered him wheelchair-bound and unable to feed himself. His w...
Wednesday, January 12, 2011

ERISA Rights On Benefit Entitlements

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Question My client was injured in an automobile accident and medical expenses were paid by his employer under an ERISA plan. Subsequently, h...
Tuesday, January 4, 2011

New York Collateral Source and Anti-Subrogation Amendment Question

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Question Mr. Russell: I apologize for the question to the extent you have already addressed the issue. Here is my concern: MA Plans step int...
Tuesday, December 21, 2010

The Shenk Circuit Decision

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Question Has Shenk been the subject of another circuit decision so that the Supreme Court can now look at the appropriate equitable relief a...
Thursday, December 16, 2010

CMS Extends MMSEA Reporting Deadline

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Question I understand that the reporting period for liability insurance cases has been moved back to 10-1-11. However, I am not sure how th...
Friday, December 10, 2010

Medicare Advantage Plans

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Question Are all Medicare replacement plans such as Humana governed by the same Federal rules as Medicare? Humana is claiming to be governe...
Wednesday, November 17, 2010

"Stop-Loss" Scenarios in ERISA Plans

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Question Does the fact that a self-funded ERISA plan purchased stop loss insurance bring it back under NYs new anti-subrogation law? If so i...
Thursday, November 11, 2010

ERISA Plan Language

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Question A Malpractice case arose June 2006. The medical bills were paid by an insurance company. ACS Recoveries had submitted a subrogatio...
Wednesday, October 27, 2010

What Is Medicare's Right To Recovery When Involving MICRA

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Question I understand that MICRA did away with the subrogation rights of private health insurers, but does Medicare maintain a right of reco...
Wednesday, October 13, 2010

Self-Funded Insurance Form 550

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Question ABC Company Supermarkets furnished health coverage to my client, an ABC Company employee, was injured in a Motor Vehicle Accident. ...
Tuesday, October 12, 2010

Medicare Advantage Plan Language

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Question This is a follow-up question seeking clarification of a response Michael D. Russell of your office was kind enough to provide on Au...
Wednesday, September 29, 2010

MMSEA Reporting Regarding Spouses

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Question After your great presentation at the AAJ Nursing Home Seminar this weekend, I had an issue arise. A resident is deceased and suit ...
Friday, September 24, 2010

Tri-Care's Recovery Rights

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Question Question: Does an injured claimant have any made whole rights in relation to Tri Care's lien or subrogation rights? My clien...
Tuesday, September 21, 2010

Can An ERISA Lien Be Tax Deductable?

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Question Can a client claim ERISA lien payment (reimbursement for medical expenses) for medical deduction? Answer That is a great questi...
Wednesday, September 8, 2010

Does IHS Have A Lien Against Settlement Proceeds?

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Question I represent an Indian person in a personal injury claim. The Indian Health Service paid the medical expenses. The amount paid by ...
Friday, September 3, 2010

McKinney v. PHA - The Federal Court's "Sweet Spot" For Identifying Medicaid Lien Recovery Rights

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Question Abstract: There has been a considerable amount of commentary among personal injury practitioners on listservs regarding the McKin...

TRICAREs' Recovery Policy (Continued)

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Question I am concerned that signing the agreement to represent the government's interest may create a conflict of interest if there is...
Thursday, September 2, 2010

TRICAREs' Recovery Policy

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Question I have a client who had her bills paid by TRICARE. Is this treated the same as Medicare in that we have an obligation to notify T...
Tuesday, August 31, 2010

Timing of Reimbursement to Medicare

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Question Pa. R.C.P. 229.1 requires disbursement of settlement proceeds within 20 days of receipt of the signed release; if no Medicare waiv...
Monday, August 30, 2010

Supplemental Medicare Plans

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Question I understand Medicare supplements may bolster their ability to obtain reimbursement by including certain language in their plan. ...
Friday, August 27, 2010

MSAs In Liability Settlements

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Question Has your thinking with respect to liability settlement MSAs changed at all since your 2/16/09 paper on misinformation on MSAs in L...
Thursday, August 19, 2010

Responsibilities Of Defense Counsel In Liability Settlement Involving Medicare

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Question Thank you for contacting the Garretson Firm Resolution Group, Inc. ("GFRG") with your MMSEA question. Background: Mi...
Tuesday, August 17, 2010

Attorneys fees for a WCMSA

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Question Can you take an attorney fee off of a Workers' Compensation Medicare Set-Aside? The injured worker settled his Workers' C...
Wednesday, August 4, 2010

Liability Payments in Medicare Cases

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Question A driver in NY was involved in an accident. His hospital bill was mistakenly paid by Medicare (instead of No-fault). The driver eve...
Friday, July 30, 2010

Reimbursements Made To Medicare

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Question Although we have notified/submitted forms to Medicare of a 3rd party claim, we have not received a response yet. Do we need to re...
Thursday, July 15, 2010

Bankruptcy & Medicare Liens

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Question I have a case where the plaintiffs were involved in a wreck, lost their jobs, and declared bankruptcy (chapter 7) as a result. Me...
Wednesday, July 14, 2010

Should Lawyers Sign Indemnification Agreements?

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Question Should a lawyer sign an indemnification agreement with respect to Medicare reimbursement claims? Answer There are 8 states that...
Thursday, June 17, 2010

Asbestos Exposure Claims (Cont. from 6/11/10)

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Question If the last know exposure is prior to December 5, 1980, is the plaintiff required to notify CMS? Answer See answer below. If t...
Tuesday, June 15, 2010

How Do You Analyze ERISA Plans To Determine A "Lien"?

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Question I was perusing your blog and noticed a comment on Missouri being an anti-subrogation state but that such is preempted by ERISA. W...
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