The liability industry is getting mixed-signals when it comes to achieving finality to a personal injury claim involving a Medicare beneficiary. The Bradley decision may make practical sense, but it is limited in its application: it does not apply to allocation between damage elements of a settlement fund involving a Medicare beneficiary. That issue will be determined in the case of Hadden v. U.S., recently argued in the 6th Circuit Court of Appeals. A broad extension of Bradley to all Medicare beneficiary cases goes against dozens of cases across the country. However, it may have applicability to any common fund settlement. These would include cases with derivative causes of action like loss of consortium or any mass tort situation. Bradley at least for the 11th Circuit could be used to allocate damages between Medicare and non-Medicare beneficiaries to remove some of the dead lock in settlement distributions.
Franco Signor LLC continues to assist its clients with navigation of the MSP maze. Section 111 reporting goes live on January 1, 2011 retroactive to
October 1, 2010 — All Responsible Reporting Entities (primary plans, defendants, insurers, self-insureds) must now capture the data required to report settlements, judgments or awards exceeding $5,000. As our blog demonstrates, we are carefully following all court decisions and CMS guidance in order to provide timely and informed advice to our growing client base. Allow us to assist you on this important topic!