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Protecting the Interests of Medicare Advantage Plans in Settlement Involving Plan Beneficiaries

May 22, 2018 BY Jason Prine | Insurance and Reinsurance Law

Since at least 1980, federal law has permitted Medicare to recover payments made for medical care provided to beneficiaries when there is liability or workers' compensation insurance that would otherwise be available to the beneficiary. Practitioners and claims professionals are (or should be) familiar with the process of requesting information concerning the amount of these payments and Medicare's claims for reimbursement through the Center for Medicare and Medicaid Services ("CMS") when finalizing the terms and conditions of settlements involving Medicare beneficiaries. ... Continue Reading

Pre-Suit Settlement of Minors' Claims

April 10, 2017 BY Jason Prine | General Liability

The majority of claims are settled by claims professionals without involving attorneys or litigation. These settlement agreement are contracts. Generally, contracts entered into by minors are voidable at the election of the minor when she reaches the age of majority. ... Continue Reading

When Less Is More: Newell Recycling Of Atlanta, Inc. V. Jordan Jones & Goulding, Inc.

March 03, 2012 BY Jason Prine | Professional Malpractice and Healthcare Litigation

Professional services agreements generally contain descriptions of the work to be performed regardless of whether these agreements ... Continue Reading

Issues In Forum Selection: Avoiding Federal Abstention In Insurance Coverage Disputes

March 02, 2011 BY Jason Prine | General

An insurer has at least three options when presented with a liability claim or suit against an insured: (1) accept the claim and defend the insured if suit ... Continue Reading

The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved. 

Editorial Board:

H. Michael Bagley

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