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9th Circuit ERISA: CGI v. Rose
We have been told CGI v. Rose, the 9th Circuit version of U.S. Airways v. McCutchen, was decided on with a pro-plaintiff result. We are trying to obtain a copy of the decision now – and we will analyze...
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CGI v. Rose – 9th Circuit Reduces ERISA Lien Rights
Last Thursday, Public Justice won a federal appeals court ruling limiting ERISA plan’s ability to collect from personal injury lawsuits. This is Public Justice’s second ERISA lien victory in less than...
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Medicare Advantage Plans Entitled to Medicare Liens
In late June, the 3rd Circuit held that Medicare Advantage Plans (“MAP” or “MAPs”) have the same rights to reimbursement as regular Medicare. The district court in In Re Avandia Marketing, 2011 U.S....
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ERISA: Amicus Briefs Filed in US Airways v. McCutchen
During the U.S. Supreme Court’s upcoming term, the court is scheduled to hear U.S. Airways v. McCutchen, 663 F.3d 671 (3d Cir. 2011). We have previously written about the issue of equitable doctrines...
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AAJ Working Toward 2nd Circuit Allocation of Medicare Lien
The AAJ sent out an update regarding a case where it is attempting to win a major victory for Medicare beneficiaries. The plaintiffs are using Bradley v. Sebelius to try to convince a probate court to...
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NJ Court: Federal Law Does NOT Mandate Medicare Set-Asides
The United States District Court of New Jersey recently stated (albeit in an Unpublished Opinion) that Federal Law does not mandate Medicare Set-Asides in a liability context. The question arose in...
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House & Senate Pass Medicare’s SMART Act
Both the House and Senate passed the SMART act prior to the Christmas holiday last week. In the House just 3 “no” votes were cast against 401 “yes” votes. The Senate passed the act without a single...
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SMART Act: Is Medicare Lien Resolution Smarter Now?
On January 10, 2013, President Obama signed H.R. 1845. Included on the Medicare IVIG Access Bill is the SMART Act. SMART was designed to reform the conditional payment, final demand, and MMSEA...
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SMART Act: Final/Conditional Medicare Lien Process
Looking back at yesterday’s SMART Act post it is hard to decipher how to properly obtain what we are calling a “Final Conditional” Amount or Lien. We hope the following workflow (including our...
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SCOTUS Limits Medicaid Lien Recoveries
On March 20, 2013 the Supreme Court released its decision in Wos v. EMA, a federal case determining the legality of North Carolina’s Medicaid recovery statute. The Court held that the anti-lien...
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9th Circuit ERISA: CGI v. Rose
We have been told CGI v. Rose, the 9th Circuit version of U.S. Airways v. McCutchen, was decided on with a pro-plaintiff result. We are trying to obtain a copy of the decision now – and we will analyze...
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