Page 29

Bulletin

return envelope. (emphasis added). Th e danger with this form is that it can be inferred that any treatment that is coded by the medical provider in conjunction with what the claimant/plaintiff lists as related will most likely not be covered by Medicare. In other words, Medicare is categorizing future medical expenses as “health insurance” for which a liability carrier, not Medicare, is responsible. Assuming similar letters are to be sent on all cases involving future medical treatment, it will be critical to carefully word and/or code the related treatment so that unrelated treatment is not lumped in. G good faith eff orts versus the carrier that has ignored all eff orts to comply). D. Statute of Limitations Eff ective July 14, 2013, there would be a three-year statute of limitations for Medicare Secondary Payor recovery actions from receipt of the Section 111 report. Overall, the reporting and reimbursement requirements initially promulgated by CMS have put a defi nite kink in the handling of liability cases. CMS is acknowledging some of those issues by providing relief in the form of minimum thresholds and self-calculating options - better late than never. It is important for attorneys to keep monitoring for updates, as they are posted without warning or fanfare. Keeping current with these evolving laws will not only ensure that your client is not penalized, there are money-saving options of which both plaintiff s and defendants or insurers may take advantage. Not all changes, however, are positive. One other interesting development concerns correspondence recently sent by CMS to a Medicare benefi ciary that reads as follows: Medicare’s records show that you have health insurance through a Liability Case. So that your Medicare claims may be processed correctly, please give us a brief description of the type of injury or illness you sustained, or if you have the actual diagnosis code(s) for your injury/ condition, please supply them here and return this form in the enclosed the MSPRC website (www.msprc.info) Contributor Jennifer Pickett Birmingham Bar Bulletin/ Spring 2013 29


Bulletin
To see the actual publication please follow the link above