Medicaid & Medicare Pract actice ce Tips Eisenberg, Gilchrist & Cutt Candace Gleed Damian Huntsman (801) 366-9100 www.egclegal.com
Medicaid • Insurance provided by the State of Utah • Financial need / disability / low-income • Statutory requirement to notify of any Third Party Liability • Medicaid – Initial Notification • Name • Date of Birth • Medicaid Insured Number • Attorney Information • Date of Injury / Loss • Short description of injury / claim • Responsible party
Medicaid Cont. • Collection Agreement for signature by attorney, injured party • Letter containing adjuster information • Ledger of claimed Lien / Subrogation • Requests for periodic updates for ongoing care by client • Mediation / Settlement
First Initial Medicare Letter
Medicare Important Facts • Medicare Parts A, B, C, D (and gap insurance for international coverage) • Part A –Covers hospital, home health, long-term care • Part B – Covers everything else, physician charges, PT, DME, etc. • Administered by CMS – BRBC • Part C – Supp Insurance cover co-pays, deductibles, etc. • Part D – Pharmacy • Administered by private insurance companies • All programs require reimbursement and notification • 42 CFR 411.24
3 Types of Cases for Reporting • Liability • At-fault Liability Claims / Policies • Underinsured Claims / Policies • Uninsured Claims / Policies • No-Fault Insurance • Personal Injury Protection • Med Pay • Worker’s Compensation
Plaintiff / Defense • Section 111 Requires Reporting by Insurance Payers • Current $750 threshold to report • Penalties for non-reported cases $1,000 per day per violation • Requires ICD-9 and ICD-10 codes on the report • Defense required reporting of PIP / medpay claims • Not available to Plaintiffs or beneficiary unless a release is signed • Can affect payment of claims relating to injury • Beneficial for Plaintiffs to review codes / req from adjuster or defense
Conditional Payments • BRBC • Liability cases • Plaintiff / Beneficiary • Primarily Liability and Workers Compensation cases • CRC • No-fault cases • Insurance Payors / Defense • Contractor with claim will handle all disputes, payments, etc.
• Open only one case with Medicare for each applicable claim. • If a claim for Liability / UIM run consecutive two cases are required to be open • Use same language to describe injuries in correspondence, cover sheets, etc. to prevent confusion, duplicate cases opened, or unrelated charges being added to lien ledger
CMS.gov Reporting Guidelines
Medicare – Letter / Notice of Case
MSPRP Features & Benefits
Final Demand
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