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Brad on Neuro Matters Radio Show with Dr. Sam Brinkman, Ph.D.

Brad was recently on Dr. Sam Brinkman's "Neuro Matters Radio Show.  Please use this link to listen to this interesting show. http://cdn.voiceamerica.com/health/011384/brinkman060314.mp3

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Cases and Amendments to the MSP Statute Medicare Part C and D – CMS and Some Courts Disagree on Subject Matter Jurisdiction, but Recovery Rights Still Exist under Contract

It appears that Medicare Advantage Organizations (MAOs) and Prescription Drug Plans (PDPs), Medicare Part C and Part D private carriers, also come into the fold as entities that parties will have to deal with regarding Medicare secondary payment subrogation rights as these private carriers begin seeking reimbursement for payments made for services in which Medicare is a secondary payer.

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Personal Injury Settlements -Medicare Secondary Payer Statute (MSP)

On June 12, 2013, the United States District Court for the District of New Jersey published Taransky v. Sebelius (No. 12-4437, Slip Op. D. NJ. June 13, 2013) finding that the court lacked subject matter jurisdiction because Ms. Taransky failed to exhaust her options for administrative appeal. However, the court found that despite state trial court’s order on a stipulation allocating all settlement recovery to non-medical expenses, Ms. Taransky received payment from a “primary plan” responsible for payment of her medical expenses that had been covered by Medicare. As a result, Ms. Taransky was required to reimburse Medicare under the MSP.

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