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Tag Archives: Medicare

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

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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Medicare ACO regulations designed to deliver care efficiently (access required)

One of the most eagerly anticipated provisions of the Affordable Care Act is the Medicare accountable care organization (ACO) program, Section 3022 of the Act, which is now known as the Medicare Shared Savings Program. The Centers for Medicare & Medicaid Services (CMS) released long-awaited proposed rules surrounding ACOs on March 31. The proposed rules were published in the Federal Register on April 7, and CMS is accepting comments on them until June 6. The program will be effective on Jan. 1, 2012.

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Domestic Relations – Child-Support Guidelines – Retirement Benefits – Medicare & Social Security Benefits – First Impression (access required)

Caskey v. Caskey. Contributions made by an employer to an employee's retirement accounts, including any 401(k) accounts, and insurance premiums may not be included as income for the purposes of the employee's child-support obligations unless a trial court, after making the relevant findings, determines that the employer's contributions immediately support the employee in a way that is akin to income. Social Security and Medicare taxes that employers are required to make on behalf of an employee may not be considered income as applied to an employee's child-support obligations.

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Court fleshes out how to calculate ‘income’ for child support (access required)

A North Carolina appellate court has for the first time addressed the effect that payments an employer makes on behalf of an employee have on the employee's adjusted gross income under the child-support guidelines in G.S. § 50-13.4(c). "Any time we have a new case that helps us define what is income and what is not for calculating child support, it is a big deal," said Charlotte attorney Rebecca K. Watts, who represented the mother in Caskey v. Caskey (Lawyers Weekly No. 10-07-0859, 16 pp.).

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