Mark Popolizio

12/11/2023 - 17 min read

Insurers Request House Take Lead in Addressing TPLF Practices

25 insurers (and other companies) recently sent a letter to the U.S. House of Representatives regarding TPLF practices.

12/7/2023 - 11 min read

Breaking Down CMS’s Plans to Capture WCMSA Data

CMS has announced plans to require Section 111 RREs to report various data points related to WCMSA arrangements

12/5/2023 - 1 min read

CMS to Hold NGHP Section 111 Penalties Webinar

CMS will be holding a Section 111 civil money penalties (CMP) webinar for (NGHPs) on January 18, 2024 at 1:00 p.m. ET.

11/29/2023 - 8 min read

CMS Corrects Minor “Technical Errors” in the Section 111 Penalties

In a new development, CMS has issued an update which corrects certain “technical errors” in the Section 111 final rule.

11/16/2023 - 10 min read

CMS Discusses Plans to Capture WCMSA Data Points as Part of TPOC Reporting During Recent Section 111 Webinar

CMS held a webinar to discuss its plans to require Section 111 (RREs) to report data points related to WCMSAs

11/7/2023 - 15 min read

CMS Releases New Section 111 Penalties FAQ Resource

CMS has now released a new Alert entitled CMS’s Medicare Secondary Payer and Certain Civil Money Penalties: Frequently Asked Questions

10/25/2023 - 1 min read

CMS to Hold Section 111 Webinar on November 13th – CMS to Discuss Expansion of TPOC reporting to include WCMSA information

CMS’s webinar notice, this session will focus on the expansion of TPOC reporting to include workers’ compensation Medicare set-asides (WCMSA).

10/11/2023 - 24 min read

CMS’s Section 111 Penalties “Final Rule” Released – Breaking Down CMS’s Penalty Provisions and How They Impact Section 111 Reporting

In an important development, CMS has released its Section 111 penalties “Final Rule” --- CMS penalties will go live in 60 days.

9/28/2023 - 16 min read

OIRA Issues New Notice Regarding Section 111 Civil Money Penalties - Notice Addresses the Proposed Rule’s Economic Impact Designation

As many will recall, earlier this year the (CMS) extended the timeline to release its Section 111 civil money penalties (CMP) “Final Rule” until February 18, 2024.

9/28/2023 - 19 min read

The “Protecting Our Courts from Foreign Manipulation Act of 2023” is Introduced in Congress – Proposal Targets TPLF by Foreign Persons, Foreign States, and Foreign Sovereign Wealth Funds

In an important development on the TPLF front, the Protecting Our Courts from Foreign Manipulation Act of 2023 has been introduced in the U.S Senate.

9/11/2023 - 33 min read

The Minnesota Supreme Court rules that a TPLF agreement’s 60% “repurchase rate” is not subject to MN’s usury statute; remands case back to the district court to determine if this rate is “unconscionable” (and, thus unenforceable) under common-law

One of the issues regarding TPLF concerns whether the interest rates charged by litigation funders can be considered excessive, or legally unenforceable.

8/30/2023 - 1 min read

Verisk Casualty Solutions attends 77th Annual WCI Conference in Orlando, Florida!

Last week Verisk Casualty Solutions proudly attended the 77th Annual Workers' Compensation Educational Conference and 34th Safety & Health Conference in Orlando, FL!

8/10/2023 - 20 min read

United States District Court for Massachusetts rules that a MAP assignee has standing

New Medicare Advantage recovery case, the US District Court for MA in MSP Recovery Claims Series 44, LLC v. Bunker Hill Insurance Company, 2023 WL 4744739 two questions

8/9/2023 - 19 min read

Closing TPLF “data gaps” – recently discussed options and considerations

Whether parties using TPLF should be required to disclose the TPLF agreement to the opposing party as part of claims litigation continues to be a hotly debated topic.

8/8/2023 - 9 min read

CMS releases NGHP User Guide (Version 7.3) – updates include changes to the ORM trigger and CMS’s Unsolicited Response File process

The (CMS) has released an updated Section 111 NGHP User Guide (Version 7.3, August 7, 2023) regarding Section 111 reporting related to non-group health plans

Mark Popolizio, J.D.

Insurers Request House Take Lead in Addressing TPLF Practices

Breaking Down CMS’s Plans to Capture WCMSA Data

CMS to Hold NGHP Section 111 Penalties Webinar

CMS Corrects Minor “Technical Errors” in the Section 111 Penalties

CMS Discusses Plans to Capture WCMSA Data Points as Part of TPOC Reporting During Recent Section 111 Webinar

CMS Releases New Section 111 Penalties FAQ Resource

CMS to Hold Section 111 Webinar on November 13th – CMS to Discuss Expansion of TPOC reporting to include WCMSA information

CMS’s Section 111 Penalties “Final Rule” Released – Breaking Down CMS’s Penalty Provisions and How They Impact Section 111 Reporting

OIRA Issues New Notice Regarding Section 111 Civil Money Penalties - Notice Addresses the Proposed Rule’s Economic Impact Designation

The “Protecting Our Courts from Foreign Manipulation Act of 2023” is Introduced in Congress – Proposal Targets TPLF by Foreign Persons, Foreign States, and Foreign Sovereign Wealth Funds

The Minnesota Supreme Court rules that a TPLF agreement’s 60% “repurchase rate” is not subject to MN’s usury statute; remands case back to the district court to determine if this rate is “unconscionable” (and, thus unenforceable) under common-law

Verisk Casualty Solutions attends 77th Annual WCI Conference in Orlando, Florida!

United States District Court for Massachusetts rules that a MAP assignee has standing

Closing TPLF “data gaps” – recently discussed options and considerations

CMS releases NGHP User Guide (Version 7.3) – updates include changes to the ORM trigger and CMS’s Unsolicited Response File process