What Formal Opinion 2015-190 means for Medicare Secondary Payer compliance, conflict of interest exposure, and where your team should focus its time
In April 2026, the Oregon State Bar Board of Governors approved a revised version of Formal Opinion 2015-190. The opinion takes a clear position on a settlement practice you have seen plenty of times. A defense lawyer asks you to …
Medicare Conditional Payment Resolution: Best Practices for Personal Injury Legal Professionals
Medicare conditional payment resolution is one of the most important compliance steps in a personal injury settlement. When Medicare has paid injury-related medical expenses, those payments are made conditionally and may be subject to recovery after a settlement, judgment, award,
The Section 111 Penalty Era Has Started. It Is a Plaintiff Problem, Not an Insurer Problem.
Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 requires liability insurers, no-fault insurers, workers’ compensation carriers, and self-insured entities to report settlements, judgments, and awards involving Medicare beneficiaries to CMS. The reporting captures the beneficiary’s identity, …
Medicare Compliance: Best Practices for Personal Injury Firms
Medicare compliance is not optional. It is an obligation that directly impacts your clients and your firm. The Medicare Secondary Payer Act (MSPA) makes Medicare the payer of last resort. That means Medicare must be reimbursed for any payments it
Understanding Medicare Conditional Payments: Timelines, Final Demands & Your Obligations
Medicare conditional payment resolution poses substantial risk for trial lawyers and paralegals when timelines slip or deadlines get missed. The Centers for Medicare and Medicaid Services (CMS) publishes formal response standards, but real-world experience may not match those expectations. Knowing
Settlement Compliance Strategies for Closing Cases
October 13, 2022
By Jason D. Lazarus, J.D., LL.M., CSSC, MSCC
Ethical Issues at Settlement
Suffering even a moderate personal physical injury can create difficult challenges both financially and emotionally for even the strongest among us. However, what happens when …
