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Medicare Secondary Payer Act

Complying with the Medicare Secondary Payer Act when resolving workers’ compensation claims and personal injury lawsuits can be complicated, and the exposure for penalties and reimbursement liability can range from a few hundred dollars to millions of dollars.  It is important for the parties in workers’ compensation claims and personal injury lawsuits to be sure that they have protected themselves from being sued by the federal government at some point in the future.  Rob Brown is a nationally recognized expert in Medicare Secondary Payer issues, and this makes up a significant part of the work handled by The Brown Law Firm.


Medicare Set-Aside Arrangements

Including a Medicare set-aside arrangement (MSA) can be the best way to protect the parties from being sued by the federal government after settlement of some claims.  However, a lot of bad information has come out of the MSA industry over the last several years, which has caused many insurance companies, third party administrators, and employers incur considerable expense unnecessarily.  That is why the parties to a claim should seek advice on MSA issues from an attorney who specializes in Medicare Secondary Payer Act issues.

Clients of the The Brown Law Firm receive advice that they can trust when facing Medicare issues, and the firm stands by its recommendations.  This is accomplished by providing clients:


  • Thorough analysis of Medicare Secondary Payer and MSA issues.

  • Detailed analysis of how the Medicare Secondary Payer Act, Medicare regulations, and CMS policy apply to the case.

  • Full explanation of all options and our recommendations for resolving Medicare Secondary Payer issues.
 
  • Adequate documentation to protect clients’ interests is provided.


Medicare Lien Resolution

Resolving Medicare liens can be time consuming and tedious, but it has to be done.  Failure to pursue lien resolution early and diligently can delay settlements or cause unnecessary complications in disputing demands from the Centers for Medicare and Medicaid Services for reimbursement of medical expenses that are not compensable under the workers’ compensation or tort laws.  This can end up causing significant delays and expenses.  Thus, it is important to hire an expert who understands how and when to dispute conditional payments and lien demands from CMS.  It is just as important to hire an attorney who knows how to preserve their clients’ appeal rights through the administrative process in case it becomes necessary to seek judicial review of CMS’s determination of conditional payments and reimbursement obligations.  The Brown Law Firm has the expertise to resolve Medicare liens as quickly as possible with the best outcome while also preserving our client’s appeal rights.

Workers' Compensation

Workers' compensation is a very unique and specialized area of law.  There are a lot of good attorneys who attempt to handle workers' compensation cases, but they do not have the level of specialized expertise that is necessary to obtain the excellent results their clients expect.  Simply put, workers' compensation is not an area of law where even skilled and experienced attorneys should dabble.


Since 2001, Rob Brown has been defending employers, insurance companies, and third party administrators in workers' compensation claims.  During that time, he has represented employers of all sizes and numerous insurance companies with many different third party administrators.  The needs and requirements of small businesses, self-insured or high-deductible employers, insurance companies, and third party administrators can be very different.  Likewise, the considerations and requirements of different clients and the level of involvement of employers can vary greatly depending on the size of the business, coverage, and the exposure in the claim.  Thus, it is important for employers, insurance companies, and third party administrators to hire an attorney who understands how to meet their specific needs.  The Brown Law Firm has the expertise and experience necessary to help all its clients achieve the best outcome as quickly as possible and at a reasonable cost.


We help our clients achieve their goals in each claim by:


  • Performing thorough investigations into the claimant’s medical history, work history, and activities outside of work so that any potential defenses can be identified and developed early in the claim.


  • Providing quick detailed summaries of developments in all phases of the claim in order to allow plenty of time for planning and developing strategies and defenses.


  • Providing detailed evaluations of exposure for medical and indemnity benefits along with a thorough analysis of our clients’ options for bringing a claim to resolution.


  • Defending our clients before the State Board of Workers’ Compensation, superior courts, the Georgia Court of Appeals, and the Georgia Supreme Court when settlement is not possible or the best course of action.


  • Working diligently with clients to explore all strategies for achieving the best possible result while bringing the claim to resolution as efficiently as possible.

Experience and expertise are essential to a good outcome!