Mark Popolizio, J.D.
The U.S. Eleventh Circuit Court of Appeals applies a four-year statute of limitations to an MSP private cause of action claim – dismisses action as untimely
In an important new MSP decision, the U.S. Circuit Court of Appeals for the Eleventh Circuit in MSPA Claims 1, LLC v. Tower Hill Prime Insurance Co.
Illinois enacts the “Consumer Legal Funding Act” -- new law regulates various aspects of third-party litigation funding practices
In a significant development on the TPLF front, on May 27, 2022, Illinois Governor J.B. Pritzker (D) signed into law the Consumer Legal Funding Act.
Delaware’s State Senate passes concurrent resolution encouraging the Delaware Judiciary to study possible third-party litigation funding (TPLF) disclosure rules
In an interesting development to watch, on June 28, 2022, the Delaware State Senate passed Delaware Senate Concurrent Resolution No. 127.
The RAMP Act is introduced in Congress – proposed bill aims to repeal Medicare’s private cause of action (“double damages”) statute
In a major MSP compliance development, the RAMP Act was introduced into the United States House of Representatives on June 14th.
The United States Supreme Court rules that Medicaid may seek recovery from settlement payments representing future medical care
The Court rejected the plaintiff’s argument that Medicaid’s recovery was limited to only that portion of the settlement representing past medical care.
Seventh Circuit dismisses the Illinois Fund’s challenge to Section 111 reporting -- holds that administrative remedies must first be exhausted before the court has jurisdiction
In Illinois Insurance Guaranty Fund v. Becerra, 2022 WL 1438506 7th Cir. May 6, 2022, the United States Seventh Circuit Court of Appeals affirmed a lower court decision.
CMS to hold webinar to address MSPRP “go paperless” function
The Centers for Medicare and Medicaid Services (CMS) has announced that it will be holding a webinar on April 13, 2022 at 1:00 p.m. EST.
Medicare Secondary Payer recovery debts can now be paid using automated clearing house transactions
CMS has released a notice advising that MSP recovery debts may now be paid using ACH transactions.
CMS on the move: Section 111 civil money penalties Final Rule and Future Medicals proposals are pending review for release
The OIRA website indicates that CMS’s long-awaited S111 CMP “final rule” and their “Future Medicals” proposals are completed and are now pending OIRA review for release.
CMS holds WCMSA webinar CMS discusses non-submit/EBMSAs, allocation pricing, denials, and other important WCMSA topics
On February 17, 2022 the Centers for Medicare and Medicaid Services (CMS) held a webinar session to address workers’ compensation Medicare set-aside (WCMSA) issues.
CMS to hold WCMSA webinar on February 17, 2022 – several key WCMSA topics are on CMS’s agenda
The Centers for Medicare and Medicaid Services (CMS) will discuss a variety of topics related to Workers’ Compensation Medicare Set-Asides (WCMSAs).
Third-party litigation funding in 2022 -- three issues for your radar
Third-party litigation funding is an issue that certainly warrants monitoring in 2022.
U.S. Supreme Court hears oral arguments on Medicaid reimbursement case – Court’s forthcoming decision will revisit Medicaid’s recovery rights
On January 10, 2022, the United States Supreme Court heard oral argument in the case Gallardo by and through Vassallo v. Marstiller (No. 20-1263).
New Workers’ Compensation Medicare Set-Aside (WCMSA) Reference Guide (Version 3.5) takes aim at non-submit and EBMSAs
Centers for Medicare and Medicaid Services (CMS) has released an updated Workers’ Compensation Medicare Set-Aside (WCMSA) Reference Guide (Version 3.5, January 10, 2022).
CMS releases Section 111 NGHP User Guide (Version 6.7) – new updates provide a GoPaperless option for Medicare Secondary Payer Recovery Portal users
CMS has released an updated Section 111 NGHP User Guide (V 6.7, Jan 10, 2022) regarding non-group health plans. This updated guide replaces Version 6.6 (Dec. 13, 2021).