We recently learned that the Centers for Medicare and Medicaid Services (“CMS”) withdrew a set of proposed rules which were meant to establish guidelines for liability Medicare Set-Aside considerations. This may not have been so much a function of CMS deciding not to pursue liability MSA rules, but perhaps more a preemptive move by CMS to…
In light of the recent news coverage of the NFL’s disturbing personnel issues, it is worth addressing whether employers in North Carolina can discipline their employees for conduct after they have clocked out for the day. In case you have not turned on your television, read a newspaper, or checked out an internet news provider…
Introduction When resolving a liability claim involving medical treatment, the parties are required by federal law, pursuant to the Medicare Secondary Payer Act (MSP), 42 U.S.C. 1395y(b)(2), to consider Medicare’s interests with regard to the settlement of the medical portion of the claim. The intent of the MSP is to prevent settling parties from shifting…