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Medicare rules on settlements unite litigators in frustration (access required)

As deadline looms to report settlement info to Medicare, trial lawyers of every stripe deal with a system in gridlock

BOSTON, MA — A looming deadline that will require reporting of personal injury settlements to Medicare has united trial lawyers who are normally adversaries in personal injury cases. Under rules designed to protect Medicare’s lien on medical bills recovered by a personal injury plaintiff, liability insurers must begin collecting data on cases that settle on or after Oct. 1 for reporting to the Centers for Medicare and Medicaid Services that is starting Jan. 1, 2012. The deadline has been moved several times in the past three years, purportedly to give CMS more time to create guidelines and to help personal injury cases settle faster.

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