by Thomas D. Begley, Jr., CELA The key issue concerning trusts “for the sole benefit of” is availability. In a private letter, HCFA, now CMS, has taken the position that a trust established for the sole benefit of a community…
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AMA Blasts Medicare Part B Drug Price Plan
Votes to ask CMS to withdraw proposal by Joyce Frieden News Editor, MedPage Today CHICAGO — A proposal by the Centers for Medicare & Medicaid Services (CMS) to change the way Medicare pays for drugs under the Part B…
LIEN RESOLUTION IN PERSONAL INJURY CASES PART 1
by Thomas D. Begley, Jr., CELA This is the first of a series of three articles dealing with lien resolution in personal injury cases. General Types of Liens Prior to making distribution in the settlement of a class action or…
SEXUALITY AND DEMENTIA
Balancing resident rights and safety. Excerpted from an article by Lee Ann Griffen in the Florida Health Care Association’s newsletter “Pulse”. “Competent residents engaging in consensual sexual activity is not a cause for undue concern in assisted living, especially considering…
DO WE STILL NEED TO WORRY ABOUT MEDICARE SET-ASIDE ARRANGEMENTS?
by Thomas D. Begley, Jr., CELA For many years a debate has raged as to whether Medicare’s interests must be considered with respect to future medical payments in the context of a third party liability settlement (“TPLS”). The issue is…
HOW MUCH MUST BE SET ASIDE FOR MEDICARE IN A THIRD PARTY LIABILITY CASE?
by Thomas D. Begley, Jr., CELA Once a Medicare Set-Aside Arrangement (“MSA”) has been considered, the next question is how much is necessary to fund it. If future medicals have been plead or claimed and future medicals are specifically released…
DO WE STILL NEED TO WORRY ABOUT MEDICARE SET-ASIDE ARRANGEMENTS?
by Thomas D. Begley, Jr., CELA For many years a debate has raged as to whether Medicare’s interests must be considered with respect to future medical payments in the context of a third party liability settlement (“TPLS”). The issue is…
MEDICARE SET-ASIDE ARRANGEMENTS IN SPECIAL NEEDS TRUSTS
by Thomas D. Begley, Jr., CELA Countable Asset for SSI and Medicaid A question arises as to whether assets held in an MSA are countable for SSI and Medicaid purposes. This has been addressed by CMS in the WC…
MEDICARE SET-ASIDE ARRANGEMENTS IN THIRD PARTY LIABILITY CASES
by Thomas D. Begley, Jr., CELA Medicare Secondary Payer Act. While there is still some controversy as to whether a Medicare Set-Aside Arrangement is appropriate in a Third Party Liability (TPL) case, there is significant authority with a proposition that…
WRAPPING A MEDICARE SET-ASIDE ARRANGEMENT INSIDE A SPECIAL NEEDS TRUST
by Thomas D. Begley, Jr., Esquire, CELA In any recovery involving a personal injury case, the interest of Medicare must be considered.[1] The idea is that because Medicare is a secondary payer, a beneficiary should not be permitted to receive…
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