Headache Highway (aka Uncle Sam and CMS)

by Michael Peabody (May 17, 2012)


When a workers’ compensation settlement claim includes provision for “future medical care,” the Federal government does not want to be held responsible for paying bills for medical expenses that arise because the person was hurt at work.

In fact, 42 U.S.C. §1395y(b)(2) and §1862(b)(2)(A)(ii), also known as the Medicare Secondary Payer Act, specifically state that Medicare is precluded from paying for a beneficiary's medical expenses when payment “has been made or can reasonably be expected to be made under a workers' compensation plan, an automobile or liability insurance policy or plan (including a self-insured plan), or under no-fault insurance.”

Subpoena the Stars: The Tricks of the Copy Service Industry

by Tim Rose (May 17, 2012)
I was recently finalizing some miscellaneous tasks before a recent trip out of State to visit some clients. One of the last pieces of mail I pulled from my in-box was a stack of six subpoenas from Aquarius Duplication* seeking records from locations that I had subpoenaed just a few months earlier. My prior subpoenas had been served on opposing counsel, with a card that gave him the option to request copies of all records at our expense.  It was never utilized.  The attorney had not contacted us regarding service of these records.  The applicant had not sought treatment from any of the six locations since our subpoena. And, to top it all off, the subpoenas were not timely served and had been served on a different attorney in a different B&B office who had no relation to the case at all.  Slightly irritated, I placed the stack in my “to do” pile and headed to the airport.  It was my intent to file an objection and Motion to Quash the subpoenas.