Dram Shop Law (Alcohol Liability) in North Carolina: A Primer

Dayle Flammia

The Alcohol Beverage Control Commission (ABC) is a State Government Agency within the North Carolina Department of Commerce charged with providing uniform control over the sale, purchase, transportation, manufacture, consumption and possession of alcoholic beverages.  There are special risks involved in selling alcohol to the public.  The ABC Commission issues ABC permits, and works with…

Medicare Alert: MSAs & Liability Settlements

Daniel Hayes

According to a release issued by the Centers for Medicare and Medicaid Services (CMS) late Thursday, June 9, 2016, CMS is again considering expanding its voluntary Medicare Set-Aside Arrangements (MSA) review process to include liability insurance settlements.  Per the official release, “CMS plans to work closely with the stakeholder community to identify how best to…

Daniel Hayes Publishes Book on MSAs: Medicare Issues in Liability and Workers’ Compensation Settlements

Daniel Hayes

Medicare Issues in Liability and Workers’ Compensation Settlements by Daniel W. Hayes, J.D., M.S.C.C., was written to guide practitioners through their analysis of how to best consider Medicare’s interests when resolving claims involving medical exposure. The book is presented from the perspective of an insurance defense attorney with over 18 years in practice, who is…

Medicare and Liability Settlements: How to Spot Issues and Consider Medicare’s Interests

Daniel Hayes

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…