top of page


Melisa Zwilling
Mar 14, 2017
District Court Grants Summary Judgment after Insurance Company Refuses to Pay Settlement Funds
In Stone v. State Auto Mut. Ins. Co., 2017 U.S. Dist. LEXIS 21737, Billy Ray Stone (“Stone”) filed an action against State Automobile...


Melisa Zwilling
Jan 26, 2017
CMS Alert—Beneficial Changes Expected For CMS Re-review Process
CMS recently issued an alert stating that it expects to expand the existing WCMSA re-review process. This potential expansion will...


Melisa Zwilling
Jan 26, 2017
ALERT: District Court Finds CMS Erred in Requiring Carrier to Reimburse Entire Provider Charge Rathe
It is a familiar story for many insurance carriers and self-insured employers—Medicare has asserted a number of conditional payment...


Melisa Zwilling
Dec 19, 2016
Changes to Section 111 TPOC Reporting Thresholds
On December 12, 2016, CMS issued an Alert regarding changes in the Section 111 TPOC reporting threshold for liability, no-fault and...


Melisa Zwilling
Nov 15, 2016
District Court Grants Motion to Dismiss After U.S. Argues that Court Lacks Jurisdiction Over Medicar
In Cheryl Nelson & Geico Gen. Ins. Co. v. Medi-Cal., No. 1:16-cv-01328-LJO-BAM, 2016 U.S. Dist. Ct. LEXIS 153596 (E.D. Cal., November 4,...


Melisa Zwilling
Nov 1, 2016
Fighting For You - CMS Alert
CMS recently indicated that changes had been made to its review of MSA proposals involving denied injuries. These changes could have...


Melisa Zwilling
Oct 26, 2016
US District Court Approves Split of Settlement Funds between CMS and TriCare
The present action, Geico Gen. Ins. Co. v. Dep’t of the Navy Med. Care Recovery Unit, arises out of a motor vehicle accident where June...


Melisa Zwilling
Sep 30, 2016
Expanded Recognition of MAOs Recovery Rights Under MSP
Courts continue to consider and rule on the rights of Medicare Advantage Organizations (MAOs) under the Medicare Secondary Payer Act...


Melisa Zwilling
Sep 21, 2016
Alert! Eleventh Circuit: Contractual Obligation Sufficient to Establish “Demonstrated Responsibility
What qualifies as a “demonstrated responsibility” sufficient to proceed under the private cause of action provision of the Medicare...

Melisa Zwilling
Sep 13, 2016
New Fee Schedule Set for MSAs in Mississippi
Paragraph XIV of Mississippi’s proposed fee schedule provides that in the event that a claimant settles his or her workers’ compensation...


Melisa Zwilling
Sep 8, 2016
42 CFR 405.926 Update
42 CFR §405.900 establishes the requirements for appeals of initial determinations for benefits under Part A or Part B of Medicare. Under...


Melisa Zwilling
Sep 8, 2016
Vermont Supreme Court Upholds Finding that MSA Vendor’s Undervaluation of MSA Caused No Economic Har
In Bindrum v. Am. Home Assur. Co., 2016 Vt. Unpub. LEXIS 150 (Vt. Aug. 19, 2016), the Supreme Court of Vermont recently affirmed the...


Melisa Zwilling
Aug 30, 2016
ALERT: Eleventh Circuit Holds That Medicare Advantage Organization Entitled to Double Damages Under
A number of federal district courts have followed the ruling of the Third Circuit in In re Avandia Sales Practices, and Products...


Melisa Zwilling
Aug 1, 2016
US District Court: Ruling in Sexton vs. Medicare
In Sexton v. Medicare, 2016 U.S. Dist. LEXIS 89818, Medicare made conditional payments for Plaintiff’s treatment after Plaintiff was...


Melisa Zwilling
Jun 11, 2016
CMS Considers Review Process for MSAs in Liability Cases
On June 9th, CMS issued an alert indicating that they are in fact considering the review of Medicare Set-asides in both liability and...


Melisa Zwilling
May 18, 2016
Fourth Circuit Federal District Court: Medicare Advantage Organization Has Private Cause of Action U
In Humana Ins. Co. v. Paris Blank LLP, No. 3:16CV79-HEH, 2016 U.S. Dist. Ct. LEXIS 61814 (E.D. Va., May 10, 2016), Humana Insurance...
Search By Tags
Older Posts
bottom of page