DETERMINATION OF MEDICARE ISSUES IN WORKERS COMPENSATION CASES 2008

Similar documents
Medicare Claims/Liens and Medicare Set-Asides: What do they mean to your practice? Brett Newman

What does the Law require? Medicare & Workers Compensation

Medicare Set-Aside The Basics

Maryland Workers Compensation Commission

12S. Medicare Secondary Payer Statute. JAMES M. VOELKER Heyl, Royster, Voelker & Allen, P.C. Peoria COPYRIGHT 2006 BY JAMES M. VOELKER.

STRUCTURES & ADMINISTRATION ANTIDOTES FOR THE CHALLENGES OF FUNDING MEDICARE SET ASIDES By:

SPECIAL REPORT: Medicare Set-Aside Arrangements in Third Party Liability Cases

Medicare Reporting Requirements and the Impact on Workers Compensation Losses

MEDICARE SET-ASIDES AND WORKERS COMPENSATION 2018 UPDATE

Medicare Set-Aside Arrangements. Centers for Medicare & Medicaid Services

US MEDICARE: NEW LEGISLATION ON COMPULSORY REPORTING OF PAYMENTS TO US BENEFICIARIES

When looking to resolve catastrophic claims, we always get

FEDERAL BAILOUT? MSA STRATEGIES AND DEVELOPMENTS

Petition and Order Requirements

Medicare Compliance Review IDCA Annual Meeting and Seminar

TRICARE Reimbursement Manual M, February 1, 2008 Double Coverage. Chapter 4 Section 4

Hardship Plan Questions & Answers Insurance Trust for Delta Retirees ( the Trust )

Resolving Medicare and Medicaid Liens in Personal Injury Cases Negotiating Healthcare Liens or Claims for Reimbursement, Maximizing Settlement Awards

AMERICAN BAR ASSOCIATION ADOPTED BY THE HOUSE OF DELEGATES FEBRUARY 14, 2011 RESOLUTION

RECOMMENDED ADDENDUM TO SETTLEMENT AGREEMENTS AND GENERAL RELEASES

THE ONGOING MSA BATTLE: STRATEGIES TO CLOSE FILES WITH MSA POTENTIAL

The Atlas Report. In This Issue. Medicare s Move from SSN/HICN Numbers to Medicare Beneficiary Identifier (MBI)

Best Practice Recommendation for

Commercial Insurance

Today s webinar will begin shortly. We are waiting for attendees to log on.

12 Pro Te: Solutio. edicare

June 2017 NuQuest Settlement News

Critical Questions About Settlement and Medicare Set-Asides. Answered by a Settlement Planning Expert

TRICARE Reimbursement Manual M, February 1, 2008 Double Coverage. Chapter 4 Section 4

ALABAMA MEDICAID AGENCY ADMINISTRATIVE CODE CHAPTER 560-X-20 THIRD PARTY TABLE OF CONTENTS

CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) WORKERS COMPENSATION (WC) MEDICARE SET-ASIDE PROPOSAL REQUIREMENTS CHECKLIST

SMART Act Becomes Law

Taking Medicare s interest into account: Reporting and Medicare Set Asides

S. ll IN THE SENATE OF THE UNITED STATES A BILL

Carnegie Hill Imaging for Women, PLLC Carnegie South Imaging for Women, PLLC PRACTICE BILLING POLICY IMPORTANT NOTICE TO PATIENTS

YOUR MEDICARE PROBLEM SOLVERS A N D

Section 32 Waiver Agreement- Frequently Asked Questions

Medicare Secondary Payer: The Working Aged

CONTRACT YEAR 2018 MEDICARE ADVANTAGE PRIVATE FEE-FOR-SERVICE PLAN MODEL TERMS AND CONDITIONS OF PAYMENT

Catalog of Services Medicare Compliance Services for Workers Compensation and Liability Claims

CMS Unveils 12-Step Reconciliation Process For Retiree Drug Subsidy (RDS)

THE SMART ACT AND ITS IMPACT UPON MEDICARE CLAIMS BY PRO SE CLAIMANTS THE SMART ACT

Application for funds

Prescription Drug Plan (PDP)

CMS Announces Significant Changes to Work Comp Medicare Set Asides in Latest WCMSA Reference Guide

CMIS. Insurance Specialist (CMIS) Certified Medical CMIS. Understand payer models and rules for accurate claim filing and reimbursement.

news Calculation of Prescription Drug Costs in MSA Allocations by Patty Meifert, RN, CRRN, CCM, CLCP, MSCC and Robert T. Lewis, Esquire January 2006

Medicare Set-Asides and Third-Party Liability Cases: Part One

Medicare and Prescription Drug Benefits. ABA Annual Meeting Section of Labor and Employment Law

Annual Report on Cost Containment. Fiscal Year 2017

What s New in GCP? Medicare Secondary Payer Rules Cause Problems When Dealing With Research-Related Injury Payments

Health Care Reform Update

1/11/2012. Pre-Test Question #1. Basic Workers Compensation for Medical Office Staff

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

The Advocacy Update. Content provided by The Center for Medicare Advocacy, Inc.

Medicare Secondary Payer (MSP) Chapter 11

Senate Substitute for HOUSE BILL No. 2026

CHAPTER 4 SECTION 4 SPECIFIC DOUBLE COVERAGE ACTIONS TRICARE REIMBURSEMENT MANUAL M, AUGUST 1, 2002 DOUBLE COVERAGE

Evidence of Coverage:

ACCOUNTS RECEIVABLE FOLLOW-UP CRITERIA

SB (b)(8) & (9) January 1, 2013 Minimum weekly benefit increased from $130 to $160 for injuries on/after January 1, 2013

Everything you need to know about Personal Injury Benefit Recoveries That Are Recoverable After You Settled Your Case

ERISA SPD Information

True Blue Connected Care (HMO-POS)

MAXIMIZING REIMBURSEMENT THROUGH COORDINATION OF BENEFITS

SECTION 8: THIRD PARTY LIABILITY (TPL) TEXAS MEDICAID PROVIDER PROCEDURES MANUAL: VOL. 1

NATIONWIDE HEALTH SAVINGS ACCOUNT (HSA PROGRAM)

Medicare. has 4 Parts. Medicare is Health Insurance. Medigap. Part A Hospital Insurance. Part D Prescription Drug Plan. Part B Medical Insurance

2018 Evidence of Coverage

Health Maintenance Organization (HMO)

REIMBURSEMENT ARRANGEMENTS

CHAPTER 3: MEMBER INFORMATION

Medicare & Your UA Medical Benefits

Workers' Compensation Claims and the Medicare Secondary Payer Act

Medicare Issues in Workers Compensation Settlements

GAO. MEDICARE SECONDARY PAYER Process for Situations Involving Non-Group Health Plans

An Introduction to Medicare

EVIDENCE OF COVERAGE Molina Medicare Options Plus HMO SNP

Evidence Of Coverage

Medicare. Where do I find information on Medicare Benefits?

C H A P T E R 1 4 : Medicare and Other Insurance Liability


The ACA Conundrum. Changes, Updates and Overlooked Rules that Employers Should Know. Thursday, July 12, 2018, 2:00 pm ET

Medicare Secondary Payer (MSP) Chapter 11

COBRA Common Questions: Administration

AMERICAN BAR ASSOCIATION. Technical Session Between the Centers for Medicare and Medicaid Services and the Joint Committee on Employee Benefits

The Positive Impacts of Working While Receiving Public Benefits

Title 22: HEALTH AND WELFARE

PROVIDENCE MEDICARE PRIME + RX (HMO-POS) MEMBER HANDBOOK EVIDENCE OF COVERAGE JAN. 1 DEC. 31, 2016

Coverage and Billing Issues for Clinical Research

How to Choose Your DME billing Company

NOHCA June W. Cory Phillips, Esq.

The Indiana Family and Social Services Administration 2014 Disability Eligibility Changes (1634 Transition)

Pooled Special Needs Trust Planning What Families Need to Know

PROVIDENCE MEDICARE DUAL PLUS (HMO SNP) MEMBER HANDBOOK EVIDENCE OF COVERAGE JAN. 1 DEC. 31, 2018

Medicare. What s the difference among Medicare Parts A, B, C, and D?

MEDICAL COST TRENDS THEN AND NOW

2017 National Conference on Special Needs Planning and Special Needs Trusts MEDICARE SECONDARY PAYER ACT AND MEDICARE SET ASIDES: AN UPDATE

Kaiser Permanente Senior Advantage for Federal Members (HMO) Senior Advantage 2 Enrollment Application

It is no secret that the federal government has been concerned for some time about the

Transcription:

DETERMINATION OF MEDICARE ISSUES IN WORKERS COMPENSATION CASES 2008 Michael E. Rusin Rusin, Maciorowski & Friedman, Ltd 10 S. Riverside Plaza Chicago, IL 60606 312-454-5110 merusin@rusinlaw.com

OUTLINE Determination of Medicare Issues in Workers Compensation Cases. I. INTRODUCTION A. What is Medicare? B. Medicare secondary payer statute: 1. Passed 1981 to curb Medicare costs. Enforcement begins in 2001. 2. Workers Compensation employers and their carriers are primary payers for medical expenses; Medicare is a secondary payer. 3. Medicare not required to pay for medical items and services to the extent payment has been made or can reasonably be expected to be paid under Workers Compensation plan; and 4. Medicare entitled to reimbursement for conditional payments made for a work-related injury. C. Overcoming the Medicare fear factor analysis of issues is similar. II. WHEN DO MEDICARE ISSUES ARISE IN W.C. CASES? Two ways: Conditional Payment Issue claimant is already enrolled in Medicare and Medicare has paid for medical treatment related to a work injury. Medicare Set-Aside (MSA) Issue where claimant s future medical costs need to be addressed and evaluated as part of a settlement to reduce or eliminate an employer s payments. A. Conditional Payment Issue 1. Independent of MSA. 2

2. Overlooked but important issue. 3. Priority right of recovery. 4. Handling Undisputed Claims. a. Early verification of claimant beneficiary status. b. Determine if Medicare payments via authorization/request. c. Respond to notifications. d. Prompt reimbursement. 5. Handling Disputed Claims a. Verification of status and amount of payments. b. Send notice of controversion evidence. c. Seek waiver. 6. Penalties for Non-Payment a. Interest on amount. b. Double damages. c. Duplicate payment. B. MSA Future Medical Issue 1. Threshold Question does Medicare have future medical interest in a settlement which requires protection? 2. Determining Factors a. Beneficiary Classes i. Class I claimant is either 65 years old or older OR has been on SSDI for two years or more, and, the settlement is $25,000.00 or more. 3

ii. Class II there is a reasonable expectation of claimant being enrolled within 30 months of the settlement, and, the settlement is $250,000.00 or more. Reasonable Expectation Defined 30 month general rule disability date determines eligibility date: - 62-1/2 years old; - already receiving SSDI benefits but less than 2 years; - applied for SSDI benefits; - denied SSDI but appealing or re-filing. b. Calculation of Monetary Threshold Levels ($25,000.00 or $250,000.00) i. Indemnity and vocational sums. ii. iii. iv. Attorneys fees and court costs. Amount of conditional payments. Prior partial settlement payment. v. If structured actual annuity sum, not present cash. III. WHAT CONSTITUTES ADEQUATE CONSIDERATION OF MEDICARE S INTERESTS? A. Meaning of Adequate Consideration 1. CMS view 2. General Rule if class and monetary threshold criterion met do submission. 3. Thresholds a. No safe harbor assess potential risk. 4

b. Procedures to protect confirm submission not required by CMS. IV. FACTORS AND METHODS TO CONSIDER FOR MSA DETERMINATIONS AND SUBMISSIONS A. Disputed Cases Defeating MSA Allocations 1. $0.00 or waiver submission. a. Procedure. 2. Waiver in contract prohibited. 3. Findings in settlement contracts a. With trial accepted. b. Without trial not accepted. B. Undisputed Cases Factors to Consider in Submission 1. Carrier policies and procedures. 2. Nature of injury: a. Catastrophic vs. non-catastrophic. 3. Rated age use. 4. Administration of MSA. 5. Funding methods. 6. Settlement terms a. Modification or reversion of funds. 7. Timing options for payment and approval. V. APPEAL OF CMS DETERMINATION A. No current legal process. B. Reconsideration/redetermination. 5

WHAT IS MEDICARE? Federal healthcare program for covered workers who are retired or disabled. Don t confuse with Medicaid. 6

GENERAL RULE When Medicare May Have An Interest If the claimant is less than 65 years old, and has been receiving Social Security Disability Income benefits for 2 years or more, he is entitled to Medicare. If the claimant is 65 years or older, he is entitled to Medicare. If the claimant is less than 65 years old, has applied for Social Security Disability and could be entitled to Medicare in 30 months. 7

WHEN DOES MEDICARE AFFECT W.C. CASES? Anytime Medicare has paid for any past healthcare costs for an individual s on-the-job injury (must be already enrolled). Settlement amount is for 25K or greater and claimant is already entitled to Medicare or Settlement amount is for $250,000 or greater and it is anticipated that the claimant will be entitled to Medicare within 30 months. 8

WHEN DO MEDICARE BENEFITS COMMENCE? SSDI benefits do not begin until 6 months after disability date. Eligibility effective 24 months after the individual s commencement of SSDI benefits. Thus, Medicare enrollment takes place 30 months after the date of disability. Remember, age 65 or older is automatic. 9

MEDICARE S RIGHTS Regarding Conditional Payments Not a lien, but a separate and direct right of action. Medicare not required to give notice to protect its rights. Primary payer may be required to reimburse Medicare even if it has already reimbursed or settled with the beneficiary or another party. Medicare may be entitled to double damages if the primary payer knew or should have known of Medicare s payments and paid the beneficiary anyway. 10

IS A MEDICARE SET-ASIDE NEEDED? Class I Is the claimant a Medicare beneficiary? (65 years or older or receiving SSDI benefits for 24 months) YES If the settlement is for $25,000.00 or more, an MSA and CMS approval is needed. NO If the settlement is for less than $25,000.00, an MSA and CMS approval are NOT needed. Class II Is the settlement for more than $250,000.00 AND is there REASONABLE EXPECTATION of the claimant becoming a Medicare beneficiary within 30 months from the date of settlement? REASONABLE EXPECTATION includes: 1. Currently receiving SSDI benefits 2. Has applied for SSDI benefits 3. 62.5 years old or older 4. Denied SSD benefits, but is appealing denial YES NO If claimant meets one or more of If claimant meets one or those criteria AND the settlement more of those criteria but is over $250,000.00, an MSA and the settlement is less than CMS approval is needed. $250,000.00 Include the following in calculating the total settlement amount: 1. Money paid at time of settlement for future medical expenses, including prescription medications. 2. Money paid at time of settlement for indemnity/vocational benefits. 3. Attorney fees paid in settlement. 4. Court costs and filing fees. 5. Medicare conditional payment claims; if any 6. Money paid in prior partial settlement W:\DOCS\9999\02\00614327.DOC 11 Copyright December 2008 by Michael E. Rusin.