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Jason D. Lazarus, Esq., Florida

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    • Big Data and Medicare – Recipe for Disaster

      Big Data and Medicare – Recipe for Disaster

      Introduction A vital step to navigating the MSP statute is understanding the dynamics between the Section 111 Reporting Requirement and the potential interplay for a Liability Medicare Set Aside (LMSA). The MSP statute precludes Medicare from paying for any item […]

    • Alphabet Soup – Public Benefits Primer for Trial Lawyers

      Alphabet Soup – Public Benefits Primer for Trial Lawyers

      Cutting Through the Alphabet Soup of Public Benefits What happens when someone suffers a serious or catastrophic personal physical injury causing permanent disability?  Do they get the proper counseling regarding the form of the settlement so as to protect their […]

    • Proper Administration of a Medicare Set Aside

      Proper Administration of a Medicare Set Aside

      Administering a Medicare Set Aside When a case is settled for a Medicare beneficiary, be it workers’ compensation or liability, a Medicare Set Aside (MSA) may be implemented.  Once the decision is made to utilize an MSA, the question becomes […]

    • Social Security Updates Exempt Asset List to Include SNTs and Able Accounts

      Social Security Updates Exempt Asset List to Include SNTs and Able Accounts

      SSI and Medicaid are both needs based government assistance programs which can be lost by receiving a personal injury settlement.  However, proper planning can avoid this result by making what would normally be a countable resource, exempt.   The Social Security […]

    • Fighting ERISA Liens Made Easy – Sort Of ….

      Fighting ERISA Liens Made Easy – Sort Of ….

      Many attorneys struggle with getting reductions on ERISA liens. The primary reason is lack of leverage and less than complete information. This blog post gives some tips on how to be better prepared to fight ERISA recovery contractors. The following are key points from this month’s blog post regarding ERISA liens:

      ERISA is a federal statute that protects self-funded employer-based health insurance plans from application of state law when they have a lien
      It is critically important to review an ERISA plan before negotiating a lien
      Use 1024(b)(4) request to put pressure on the ERISA plan
      Determine funding status – self funded versus insured
      Review Master Plan Document for subrogation language, don’t rely on the Summary Plan Document
      Get every piece of information you are owed from the ERISA plan prior to resolving the lien
      Follow our step by step plan discussed in the blog post
      Outsourcing lien resolution to those that specialize in fighting ERISA recovery contractors may give your client a greater reduction