National Edition Banner March 2010
Vol 2, Issue 11

Find Solutions & Strategies                           March 14, 2011

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Medicare Set-Asides and Special Needs Trusts

In This Issue
-MEDICARE SET-ASIDES
-LARSON'S SPOTLIGHT: 5 RECENT CASES: MRSA Infection, Exposure to Chemical Cloud, Psychological Injury, Tort Action, and Employment Contract
-WISCONSIN UNION UPDATE
-TV SHOW: WORK COMP
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, MO cases, DE case
-MSP COMPLIANCE BOOK
-NATIONAL NEWS
-STATE NEWS
-WHAT'S NEW IN LARSON'S: Employer's premises
-eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi 2010

Dear WC Professionals:

 

Thanks to Jennifer Jordan for writing an eye-opening piece about Medicare Set-Asides and Special Needs Trusts. I encourage you to purchase her book, The Complete Guide to Medicare Secondary Payer Compliance. See why hundreds of others have come to trust this reliable resource.


Sincerely,
Robin E. Kobayashi, J.D.

LexisNexis Editorial & Content Development

Centennial Symposium

April 7, 2011

Intercontinental Hotel

Boston, MA

Making History:

Celebrating 100 Years of Workers' Compensation

 

Keynote Speaker

Lex Larson

Lex K. Larson

Author of Larson's Workers' Compensation Law (LexisNexis)

 

Register today

Workers' Comp Profile

Blog Mouse Blue

New York Workers' Compensation Alliance Blog, published by a "coalition of injured workers and other stakeholders committed to protecting the rights of injured workers under the New York State Workers' Compensation Law," is a compendium of news, commentary, and discussion on virtually all issues pertaining to injured workers. During the past year the Blog's criticism of the state's proposed Managed Adjudication Path and its commentary related to medical guidelines for permanent disability have been particularly compelling. The Blog was a Top 25 Blog for 2010 awarded by LexisNexis.

 

msa and special needs trusts

Jen Jordan March 2010 thumbnailMedicare Set-Asides and Special Needs Trusts, by Jennifer C. Jordan, Esq.

 

"Not many people have really taken the time to understand what a Medicare Set-Aside will do to qualification for Medicaid if claimants find themselves in need of long-term care and do not have insurance for it, as many do not."

 

Now that those involved in personal injury settlements, whether workers' compensation or liability insurance based, have finally come to understand the Medicare Secondary Payer Act ("MSP") to some extent, it appears that they have also begun to realize that the act of establishing a Medicare set-aside arrangement ("MSA") may have detrimental results if consideration of anything other than Medicare's interests are not taken. One such consideration should be Medicaid eligibility. > Read more

Larson's spotlight: 5 recent cases you should know about

Larson's Spotlight reports noteworthy workers' comp cases each week. This list was c5 spotlightompiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law. 

Tom Robinson thumbnail 

 

 

 > Read the summaries & court decisions.

 

1. OR: Worker's MRSA Infection Was an Accidental Injury, Not an Occupational Disease

 

2. WY: Worker Is Unsuccessful in Establishing Claim for Alleged Exposure to "Chemical Cloud" While Driving

 

3. MS: Department Store Employee Fails to Establish Psychological Injury under State's "Clear and Convincing" Evidence Standard

 

4. AL: Charity Was Worker's Special Employer and Enjoyed Immunity from Tort Action

 

5. FL: Contract of Employment Completed in Florida In Spite of Worker's Need to Travel to Utah 

wisconsin union battle update

Wisconsin Union Buster SignWisconsin Governor Signs Bill to Eliminate Most of the Collective Bargaining Rights of Public Employees. After four weeks of political stalemate, the Republican majority in the Senate figured out a way to pass a bill that didn't require a quorum of senators. Governor Scott Walker on Friday signed the bill, which strips most of the collective bargaining rights of public sector unions (police and firefighter unions are exempt), increases the amounts the state's public employees must pay for benefits, and makes it more difficult for public unions to retain members. Read the bill.

 

All eyes now turn to Ohio to see if a similar anti-union measure will be enacted, and if voters will launch a ballot initiative.

must see tv? "workers comp"

Clap Board Workers Comp

The Hollywood Reporter has announced that Morgan Fairchild and Robert Carradine will be starring in a new comedy series "Workers Comp".

 

It's about a family-run insurance company and all the bizarre workers comp claims they have to manage.

 

Filming begins April 10 in Florida. > Read more

blog round up at the lexisnexis workers' compensation law community
Fraud Sign Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations - 3/11/2011. Read it.    

 

 

 

Martin Klug

MO: Commission Reverses Sanctions For Tenuous Defense, by Martin Klug. Read it.

 

 

 

Martin KlugMO: Hunting Trip Accident Denied Under Mutual Benefit Doctrine, by Martin Klug. Read it.

 

 

 

Cassandra RobertsDE: Riding Tandem: A Case of Permanency & Disfigurement in Delaware Offers a Little Somethin' Special, by Cassandra Roberts. Read it

how to achieve medicare secondary payer compliance

Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!

 

Thumbs Up  "The range of topics included in the book and updates is a beacon of wisdom in the confusing MSP compliance field."

 

- Tim Nay, Esq., Law Offices of Nay & Friedenberg, Portland, Oregon. Mr. Nay is a co-founder of the National Alliance of Medicare Set-Aside Professionals (NAMSAP). 

 

Thumbs Up  "I have a copy of Jennifer Jordan's book The Complete Guide to Medicare Secondary Payer Compliance and I am most impressed by same! I have recommended it to a number of attorneys here in Georgia."

 

- Richard C. Kissiah, Esq., Kissiah & Lay, Alpharetta, Georgia. 

   

Thumbs Up  "Finally, someone delivers a clear, concise reading in this area, with some definitive answers for both lawyers and claims specialists and accurate reporting dealing with MSP compliance and MSA allocations with all of the necessary resources found in one place."

 

- Brad Bleakney, Esq., Bleakney & Troiani. Read his complete review at Illinois Workers Compensation blog.

 

Thumbs Up  "An excellent new book ... a one-of-a-kind resource ... [Jennifer C. Jordan's] straight-talk is much appreciated when it comes to this illusive area of the law."

 

- Rebecca Shafer, JD, President, Amaxx Risk Solutions, Inc. Read her complete review at Workers Comp Kit Blog.

 

There are many people who don't understand that the Centers for Medicare and Medicaid Services' approval process of a Medicare set-aside arrangement is voluntary and carries P1130 R12 coveran inherent cost. In fact, many of the decisions that need to be made in a settlement negotiation are risk management decisions rather than being truly Medicare Secondary Payer-oriented. Once you understand why CMS wants what it wants, you will realize that its preference may not be the only way to achieve MSP compliance. The Complete Guide to Medicare Secondary Payer Compliance, Jennifer C. Jordan, Editor-in-Chief, will help you take control of your insurance settlements. > Read more about the contents (1,350 pages). List Price: $179
 


 national news
state news

> AZ: Ken Kirk Appointed To Arizona SCF Board  

> AZ: IC Propose Changes to Physicians & Pharmaceutical Fee Schedule

> AZ: House Committee Passes Immigration Bill

> AZ: US Rep Giffords, Injured Staff Covered by Federal Workers' Compensation

> CA: AB 889 Would Give Domestic Workers Bill of Rights

> CA: Kent Dagg Speaks Out on End of SCIF Probe

> CA: Governor and CASE (State Judges, Attorney's Union) Reach Tentative Labor Agreement

> CA: Governor Names New Labor Commissioner

> FL: Senate Passes Health Care Freedom Act

> FL: Governor Signs SB 2176 Commercial Lines Rates, Has Workers Comp Implications

> FL: Senator Tells Gov. "No More Excuses" On Refusing Pill Mill Crackdown

> FL: $1.9M Paid to Attorneys Challenging Jacksonville's Workers' Comp Cases

> ID: Lawmaker Seeks to Reduce Taxes That Companies Pay on Workers' Comp Premiums

> IL: House Approves Audit of Menard Employees' Workers' Comp Claims

> IL: GOP Lawmaker Advances Tort Reform, Says Lack of Workers' Comp Reform Caused Negative Ranking for Illinois

> IA: DWC Says E-Filing Delayed Through Spring/Summer 2011

> KS: Commerce Committee Hears Testimony on HB 2134 to Revise Workers' Comp Act

> KY: Senate Confirms Franklin Stivers for Workers' Compensation Board

> MI: Gov. Makes Appointments

> MT: Gov. Makes Appointments To State Comp Insurance Fund Board

> NJ: Public Workers Union Vows to Fight Bill to Increase Their Health Care Costs

> NJ: Governor Nominates Two Workers' Compensation Judges

> NY: NYSIF Commemorates Triangle Shirtwaist Fire

> NC: Four Teague Campbell Dennis & Gorham Attorneys Named 2011 Super Lawyers

> OK: SB 878 Workers' Comp Reform Approved by Full Senate

> OK: Senate Passes SB 878 to Reduce Payments to Doctors Treating Injured Workers

> OR: Op-Ed Slams US Chamber Study Ranking Oregon in Bottom Tier for Business Friendliness

> OR: WCD Posts Form for Doctors Prescribing Certain Brand Drugs

> OR: Oregon Gets $3.6M From AIG Settlement

> OR: 2010 Workplace Deaths Figure Represents All-Time Low

> RI: NCCI Reports Highest Lost Time Frequency, Lowest Claim Severity in Region

> SC: WCC Creates Surgical Implant Advisory Committee

> TX: HB 2605 Sunset Legislation Would Continue DWC Through 2017 

> TX: SB 546 Would Allow Physicians to Dispense Dangerous Drugs

> TX: SB 658 Sunset Legislation Would Continue DWC Through 2017

> TX: Texas Mutual Pays Combined $329K To Three Purchasing Groups

> TX: Division Of Workers' Comp Proposes Revisions To Request For Reimbursement Form

> TX: Division Of Workers' Comp Announces February Enforcement Actions

> TX: Texas Mutual Promotes Ward To Senior Vice President Of Claims

> UT: Workers' Compensation Fund Opens Central Utah Branch

> WA: SB 5566 Would Create Option for Lump Sum Settlements

> WI: Workers' Comp Attorney Robert C. Menard Receives AV Rating From Martindale-Hubbell

> WI: 100,000 Protestors of Anti-Union Legislation Jam State Capitol

> WV: BrickStreet Mutual to Shed State Agency Policies

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what's new in larson's workers' compensation law 
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Lexis.com subscribers to Larson's Workers' Compensation Law can link to the chapter discussion below.
 
Find out more about how to become a Larson's online subscriber by contacting: Robin.E.Kobayashi@lexisnexis.com  

  

Injuries Sustained While Retrieving Pay Found Compensable. In Phelps v. Dispatch Printing Co., 2010 Ohio 2423, 2010 Ohio App. LEXIS 1987 (June 1, 2010), the court affirmed an award of benefits where an employer had a policy that allowed an employee to receive his or her pay in person and the employee, a journeyman/pressman, was on the employer's premises retrieving his check when he fell and sustained injuries. [See Ch. 26, § 26.03[1] n3]

ENEWSLETTER ARCHIVES
Take a deep dive into our past eNewsletters for 2011 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

March 7, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104678900034.html 

February 28, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104610168211.html 

February 21, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104523576536.html 

February 14, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104442568785.html 

February 7, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104372668124.html 

January 31, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104299196240.html 

January 24, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104266393145.html 

January 17, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104223885217.html
January 10, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104176109384.html 

January 3, 2011

http://archive.constantcontact.com/fs077/1102828640660/archive/1104102646819.html 

 

ACCESS 2010 ARCHIVES AND ARTICLES LIST HERE.

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