|
|
|
Find Solutions & Strategies June 20, 2011 |
|
"Out of Network" Pharmacies
A primer on this developing issue and how to address it | |
|
A Note From Our Guest Editor |  |
Dear WC Professionals:
We thank Jeffrey C. Napolitano, Esq. of Juge Napolitano Guilbeau Ruli Frieman & Whiteley, in Metairie, LA, for his insights on the recent trend of out of network/attorney directed and physician directed pharmacies.
Sincerely, Robin E. Kobayashi, JD
LexisNexis Editorial Content & Product Development
|
Free eNewsletter: Sign Up Now |  |
If you haven't signed up yet for this free enewsletter, simply send your full name and email address with your request for the national enewsletter to:
|
|
out of network pharmacies |
Out of Network/Attorney Directed and Physician Directed Pharmacies, by Jeffrey C. Napolitano, Esq.
The total cost of providing prescription medication in Louisiana workers' compensation cases have skyrocketed in the past 3 years. This can be attributed to both higher costs for the medication as well as higher utilization of medications. Despite the greater use of Pharmacy Benefit Managers (PBMs) on the part of employers, claimant attorneys and physicians have discovered alternative methods to provide prescription medication to claimants that avoid any intervention on the part of the PBMs. This presentation will identify these alternative methods and provide the employer with strategies to regain control over their prescription medication costs.
Why Do Claimant Attorneys and Physicians Want to Avoid PBMs? Once upon a time, workers' compensation claimants used to purchase their medication directly at the pharmacy using their own money, then submit the invoice for reimbursement. However, this option soon became too expensive for the claimant to afford. Now, once a workers' compensation claim is opened, most employers/carriers issue prescription cards to the claimant that allow him to obtain prescription medication for his injury without being out-of-pocket for these costs. Read more. |
 |
home office injuries |
Workers' Compensation and Home Office Injuries: Dogged Claimant One Step Closer to Victory in Oregon, by Karen Yotis, Esq.
Traditional approaches to precepts as basic as 'course and scope of employment' and 'traveling employee' may be going to the dogs in Oregon because of a claim involving an interior decorator whose Home Sweet Home also functioned as her Home Sweet Office. The employer, a WCLJ and the state's Workers' Compensation Board all agreed--the injury Mary Sandberg suffered when she tripped over her dog while walking from her home to her garage to perform a work task did not 'arise out of' her employment [see 2008 Or. Wrk. Comp. LEXIS 987]. But in an opinion filed June 1, 2011, as No. 0702441/A140276, the Court of Appeals of Oregon saw it a very different way, and concluded that Sandberg "was where she was, doing what she was, because of the requirements of her employment." Id. at page 7. The court has remanded the case for a determination on whether Sandberg was injured in 'the course of' her employment, but a very important battle has nevertheless gone to the side of the home-based underdog. 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 compiled 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. OH: Employee Fired One Hour After Injury May Nevertheless Maintain Suit for Retaliatory Discharge
2. ME: Third-Party Administrator's Computer System Allows "Carriage to Turn Into Pumpkin" -Post-Midnight Electronic Filing Costs Employer Thousands
3. NC: Maximum Comp Rate For Year of Diagnosis - Not Year Employee Last Worked for Employer - Should Be Used for Computing Benefits
4. MS: Injury May Have Impacted Worker's Wage-Earning Potential In Spite of Increased Earnings After Injury
5. NC: Maximum Comp Rate For Year of Diagnosis - Not Year Employee Last Worked for Employer - Should Be Used for Computing Benefits |
 |
blogS at the lexisnexis workers' comp law community |
Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, and Investigations (6/16/2011) - Psychologist Charged With Fake Postal Employee Fear of Dogs Disability Claim. Read it.
DE Department of Labor Announces New Comp Rates for 2011-2012, by Cassandra Roberts, Esq. Read it.
Big Doings in Delaware--Lower Extremity Added to Practice Guidelines and Procedural Changes to UR (and a whole lot of other cool stuff), by Cassandra Roberts, Esq. Read it.
Duane Morris Alert: Pa. Supreme Court to Address Exclusivity of Pa. Workers' Compensation Act in Asbestos Cases. Read it.
|
 |
how to achieve medicare secondary payer compliance |
The Complete Guide to Medicare Secondary Payer Compliance
Jennifer C. Jordan, Esq., Editor-in-Chief
To order, go to www.lexisnexis.com/Medicare.
Medicare Secondary Payer Compliance is an elusive area of law - tucked away in various public laws, statutes, regulations and CMS guidance materials.
Worse, many people don't realize that the CMS approval process for MSAs is voluntary-and carries an inherent cost.
That's why you need this all-in-one handbook ...
Authored by the leading expert in the field of the MSP, "The Complete Guide to Medicare Secondary Payer Compliance" is the only available resource written by an industry insider with a deep understanding and practical knowledge about this highly complex and evolving area of the law.
For the first time, you'll find all relevant pieces of the law in one accessible place. And by understanding what CMS wants-and why it wants it-you'll be better able to:
● Take control of your insurance settlements
● Avoid pitfalls, delays and penalties
● Comply with reporting requirements
You'll also learn that CMS' preference may not be the only way to achieve MSP compliance.
Attorneys agree! This is the first comprehensive resource for achieving Medicare Secondary Payer Compliance.
"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."
 Implementation of the MMSEA reporting program is underway. Don't wait to order! > Read more about the contents (1,350 pages). List Price: $179
|
 |
 |
 | 2010 Edition - Call 800-833-9844 |
|
|
|
|
 |
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. June 13, 2011: Off-Label Drugs
http://archive.constantcontact.com/fs077/1102828640660/archive/1105759563348.html
June 6, 2011: Transgender Issues
http://archive.constantcontact.com/fs077/1102828640660/archive/1105773492324.html
May 31, 2011: Cell Phone Distractions
http://archive.constantcontact.com/fs077/1102828640660/archive/1105697648150.html
May 23, 2011: FECA Reform Proposals; Benefits Review Board Update
http://archive.constantcontact.com/fs077/1102828640660/archive/1105575780840.html
May 16, 2011: Full Face Transplant; Medical Foods; P&C Industry Trends
http://archive.constantcontact.com/fs077/1102828640660/archive/1105506640276.html
May 9, 2011: State of the Line; Workers Comp Trends
http://archive.constantcontact.com/fs077/1102828640660/archive/1105406865560.html
May 2, 2011: Prescription Drug Abuse
http://archive.constantcontact.com/fs077/1102828640660/archive/1105306219674.html
April 25, 2011: Radiation Exposure; Medical Fee Schedules
http://archive.constantcontact.com/fs077/1102828640660/archive/1105243933380.html
April 18, 2011: FECA Reform
http://archive.constantcontact.com/fs077/1102828640660/archive/1105151454598.html
April 11, 2011: NCCI's 2011 Workers' Comp Issues Report
http://archive.constantcontact.com/fs077/1102828640660/archive/1105054845597.html
April 4, 2011: Workers' Comp Centennial
http://archive.constantcontact.com/fs077/1102828640660/archive/1104945262995.html
March 28, 2011: Medicare Secondary Payer Reform Legislation; LHWCA Comp Rates
http://archive.constantcontact.com/fs077/1102828640660/archive/1104894130984.html
March 21, 2011: Triangle Shirtwaist Factory Fire
http://archive.constantcontact.com/fs077/1102828640660/archive/1104811663296.html
March 14, 2011: Medicare Set-Aside & Special Needs Trust; Union Battle
http://archive.constantcontact.com/fs077/1102828640660/archive/1104742747659.html
March 7, 2011: 50 State Labor Law Ranking; Illegal Aliens & Workers Comp
http://archive.constantcontact.com/fs077/1102828640660/archive/1104678900034.html
February 28, 2011: Union Battle
http://archive.constantcontact.com/fs077/1102828640660/archive/1104610168211.html
February 21, 2011: Erectile Dysfunction in Workers Comp Claims
http://archive.constantcontact.com/fs077/1102828640660/archive/1104523576536.html
February 14, 2011: Workers Comp Notable People 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1104442568785.html
February 7, 2011: Workers Comp Centennial; NCCI's Gauging the Economy
http://archive.constantcontact.com/fs077/1102828640660/archive/1104372668124.html
January 31, 2011: Medicare Set-Aside Allocations; Workers Comp Soft Market
http://archive.constantcontact.com/fs077/1102828640660/archive/1104299196240.html
January 24, 2011: Sex, Lies & Videotape - Injured Worker
http://archive.constantcontact.com/fs077/1102828640660/archive/1104266393145.html
January 17, 2011: FECA & Workers Comp Waste; Medical Residents; AMA Guides
http://archive.constantcontact.com/fs077/1102828640660/archive/1104223885217.html January 10, 2011: Top 10 Bizarre Cases for 2010
http://archive.constantcontact.com/fs077/1102828640660/archive/1104176109384.html
January 3, 2011: Depression and Delayed Recovery
http://archive.constantcontact.com/fs077/1102828640660/archive/1104102646819.html
ACCESS 2010 ARCHIVES AND ARTICLES LIST HERE. |
 |
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.
Privacy & Security Copyright © 2011 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. |
|
|
|