Mark Popolizio

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

8/7/2023 - 12 min read

The United States District Court for Connecticut dismisses a Medicare Advantage claim for “double damages” – rules that insurer’s Section 111 reporting not sufficient to establish standing

Interesting new Medicare Advantage recovery case, the United States District Court for Connecticut in MSP Recovery Claims, Series LLC v. Travelers Indemnity Company

7/19/2023 - 7 min read

ESG claims – TPLF’s next frontier?

This is a continuing study of emerging Third-Party Litigation Funding (TPLF) issues.

6/28/2023 - 10 min read

Mid-Year “Round-Up” 2023 – keeping track of Medicare and other claims updates (ICYMI)

We are at the mid-point for 2023! It has been a busy year in so many claims areas. Time to regroup on the key claims updates over the past months – ICYMI style!

6/27/2023 - 5 min read

CMS’s Section 111 NGHP Unsolicited Response File “opt-in” process – Nutshell Summary Resource

CMS’s Section 111 NGHP Unsolicited Response File “opt-in” process – Nutshell Summary Resource. The following “Nutshell Summary” is a general summary of this process.

6/27/2023 - 22 min read

Understanding CMS’s Section 111 NGHP Unsolicited Response File “opt-in” process (starts July 2023) – Q&A resource (updated)

Mark Popolizio, J.D.

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

The United States District Court for Connecticut dismisses a Medicare Advantage claim for “double damages” – rules that insurer’s Section 111 reporting not sufficient to establish standing

ESG claims – TPLF’s next frontier?

Mid-Year “Round-Up” 2023 – keeping track of Medicare and other claims updates (ICYMI)

CMS’s Section 111 NGHP Unsolicited Response File “opt-in” process – Nutshell Summary Resource

Understanding CMS’s Section 111 NGHP Unsolicited Response File “opt-in” process (starts July 2023) – Q&A resource (updated)