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Find Solutions & Strategies March 28, 2011 |
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The SMART Act
New Medicare Secondary Payer Reform Bill Proposed in Congress | |
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| A Note From the Editor |  | |
Dear WC Professionals:
For this issue we thank Mark Popolizio, Esq. of NuQuest/Bridge Pointe for letting us reprint his informative article on the proposed SMART legislation.
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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Centennial Symposium | |
April 7, 2011
Intercontinental Hotel
Boston, MA | |
Making History:
Celebrating 100 Years of Workers' Compensation
Keynote Speaker
Lex K. Larson
Author of Larson's Workers' Compensation Law (LexisNexis)
Register today |
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Workers Comp Profile | |
North Carolina Workers' Compensation Lawyer Blog covers the gamut of workers' compensation issues in North Carolina, while sprinkling in analysis and commentary about national and international issues that are of interest to practitioners. Charlotte Attorney Michael A. DeMayo does not hesitate to take on controversial and cutting-edge topics, including how the current economic environment impacts workers' compensation, presenting them in clear and engaging prose. The Blog serves as a virtual water cooler for practitioners who need to stay on top of workplace safety and injury developments in both the judicial and administrative law arenas. | |
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| medicare secondary payer bill | |
 New MSP Reform Bill Proposed in Congress - The SMART Act (H.R. 1063) Proposes New Amendments To the Medicare Secondary Payer Statute, by Mark Popolizio, Esq., NuQuest/Bridge Pointe
On March 14, 2011, the Strengthening Medicare and Repaying Taxpayers Act of 2011 (SMART Act) (H.R. 1063) was introduced in the U.S. House of Representatives by Tim Murphy (R-PA) and Ronald Kind (DWI).
This legislation proposes major amendments to the Medicare Secondary Payer Statute (MSP).[Fn1] The SMART Act modifies and replaces the reform proposals contained in the Medicare Secondary Payer Enhancement Act (H.R. 4796) which was introduced last year in Congress. H.R. 4796 generated considerable bipartisan interest having secured 35 cosponsors prior to the close of the 111th Congress in December 2010.
The SMART Act targets specific components of MSP compliance relating to Section 111 of the Medicare, Medicaid and SCHIP Extension Act, Medicare conditional payments and other important aspects of the MSP. > Read more |
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| LHWCA: maximum compensation rates | |
 Roberts v. Director, OWCP, and Sealand Services, Inc.: Ninth Circuit Rules on Maximum Compensation Rates, by Steven Birnbaum, Esq.
In November of 2010, the United States Court of Appeals for the Ninth Circuit decided the case of Dana Roberts, Petitioner vs. Director, Office of Workers' Compensation Programs; Sealand Services, Inc., 625 F.3d 1204, 44 BRBS 73(CRT) (9th Cir. 2010). Rehearing was denied on February 10, 2011, and petition for certiorari has or will be filed by petitioner Roberts.
The first issue that was argued in this appeal was whether a permanently and totally disabled worker would have a right to have their maximum compensation rate determined by the date of injury or by the date of an award by an administrative law judge or the District Director, OWCP. The second issue was whether or not, the maximum compensation rate would be determined on the day of injury or, in the case of permanently and totally disabled workers, on the day that maximum medical improvement occurred. > Read more
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| Larson's spotlight: 5 recent cases you should know about | |
Larson's Spotlight reports noteworthy workers' comp cases each week. This list was c ompiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law.
 > Read the summaries & court decisions. 1. IL: Court Strikes Down Class Certification in PPO Case Filed Against Insurers 2. MT: Mother's Wrongful Death Action Barred By Exclusivity In Spite of Small $3,000 Death Benefits for Non-Dependent Parents 3. MT: Physician's License Expires, But Not His Expertise 4. VA: Injured Worker's Choice of Part-Time Light-Duty Position Nixes Temporary Partial Disability Benefits 5. CA: Trial Court Has Continued Jurisdiction to Award Costs After It Finds Case Barred By Exclusive Remedy Defense |
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| blog round up at the lexisnexis workers' compensation law community |
 Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations - 3/25/2011. Read it.
 An Invitation: The Delaware "Funky Permanencies".....What We Don't Know Can Hurt Us (A Campaign), by Cassandra Roberts, Esq. Read it.
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| how to achieve medicare secondary payer compliance |
Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!
 "Ms. Jordan and her contributors provide concise, practical analysis of the multiple layers and nuances of Medical Secondary Payer compliance. The Guide is a valuable resource for plaintiff and defense counsel, as well as insurance carriers, employers, and third party administrators."
- Ronald E. Weiss, Esq., Hamberger & Weiss, Rochester, New York.
"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).
"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.
"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."
"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  an 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
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 | 2010 Edition -
Call 800-833-9844 |
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| what's new in larson's workers' compensation law |
 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.
Nature of Schedule Benefits. Chapter 86 has also been revised. This chapter discusses a core characteristic of workers' compensation law: that in the vast majority of jurisdictions, if an injury has left the claimant with a permanent bodily impairment, compensation for a specified number of weeks is payable without regard to presence or absence of wage loss during that period. For loss (and usually loss of use) of members, arbitrary schedules of the number of weeks for which compensation is payable are provided; for other permanent impairments, a calculation of percentage of total permanent disability is ordinarily made. Where the "loss" can be corrected, as in the case of some loss of vision, the issue arises as to whether the claimant's post-injury "corrected" vision should be considered or ignored.
In State ex rel. La-Z-Boy Furniture Galleries v. Thomas, 2010 Ohio LEXIS 1673 (July 13, 2010), the Supreme Court of Ohio recently held, in a case of first impression, that in determining a loss-of-vision award a claimant's uncorrected post-injury vision may be compared to his corrected vision prior to the accidental injury. It found unpersuasive the employer's argument that fairness dicated uncorrected vision should be judged both before and after the injury [see Ch. 86, § 86.04[6] n38]. |
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| 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 21, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104811663296.html
March 14, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104742747659.html
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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