Christopher Martin’s Post

Was honored to write this article for the American Health Law Association's AHLA Weekly. The article explores the Supreme Court's recent decision in SEC v. Jarkesy, and ponders how that decision might affect Medicare appeals. From the article: Specifically, Medicare actions seeking the imposition of civil monetary penalties as well as other administrative sanctions such as revocation of billing privileges and program exclusion for alleged wrongdoing would likely be considered punitive in nature and, therefore, would have to be brought in an Article III court pursuant to the Seventh Amendment. On the other hand, Medicare overpayment appeals, which are also subject to the administrative appeal process, might be subject to different treatment as these could be viewed as remedial in nature; the purpose being to compensate Medicare for the alleged overpayment rather than to punish or deter future misconduct. At this early juncture, it is uncertain what federal courts will say about this issue, and whether the Supreme Court will ultimately be asked to weigh in. In the meantime, in order to test and preserve the issue, attorneys handling Medicare administrative appeals should strongly consider raising a constitutional challenge to the administrative appeal process, citing the Seventh Amendment and Jarkesy in support. #healthcare #medicare

Check out this article Forrest Booth, Shain Wasser, and I wrote regarding the California Court of Appeal’s opinion in Audish v. Macias and the Supreme Court of California’s decision not to depublish it! https://lnkd.in/g8GNByfa

*Preliminary issue trial; meaning; matters to be treated as part of publication*   In a preliminary issue trial in a libel claim relating to an email sent by the first defendant to HMRC, the defendants argued that the Court, in determining meaning, should take account of 27 attachments to the email complained of [20].   In determining the issue, the Court referred to the principles summarised by Nicklin J in Riley v Murray - in determining the natural and ordinary meaning of a publication, matters that are to be treated as part of the publication can be taken into account (namely material that the ordinary reasonable reader would have read although not set out in the publication itself) [23].   The Judge held that whilst any reader would have been aware of the existence of numerous attachments, he did not consider the attachments to form part of the email for the purposes of determining meaning, finding that only the most "tenacious or diligent reader could be expected to open and read all 27 attachments, and such person would not be a reasonable reader" [29].   HHJ Lewis in Unity Plus Healthcare v Clay and others [2024] EWHC 1278 (KB)

Navigating Medicare's Final Conditional Payment Process is key to managing Medicare liens in legal settlements.   Check out our blog post here for valuable information on this process: https://lnkd.in/gqcecvc5   Ready to streamline your Medicare lien management? Call me at 248-213-8700 to see how MASSIVE can help lock your lien amounts and improve your results! #medicalliens #legalsettlements #lienmanagement #massive #settlementprocess #lawfirmhelp #clientcare #legalupdates #medicareprocess #lawyerresources

We learn a lot in law school, but sometime law school leaves out some of the practical information that lawyers need to succeed in their practices such as understanding Medicare set-asides. Fortunately, MATA sponsor Medivest has some easy to understand videos to help lawyers get their heads around this topic. Check out the following page to learn more: https://lnkd.in/ebKaTXDs

John, Jim, Zack and I recently attended the WCI Conference in Orlando. It gave us an opportunity to speak with hundreds of work comp professionals from across the country about the Loper decision and its possible effect on Medicare Secondary Payer issues. Our conclusion is that now that the Supreme Court of the United States has overturned the "Chevron Doctrine," doing away with judicial deference to administrative agency action, holding that courts, not agencies, shall decide all relevant questions of law, interpret statutory provisions, and determine the meaning of agency regulatory action, we believe now is the time for a new methodology on taking Medicare's future interests into account in workers compensation claims. If you would like to learn more about how Cattie & Gonzalez, PLLC can help you get to settlement faster and more efficiently, protect claimant's future Medicare entitlement, remain legally compliant, and also save you significant resources, reach out to us at www.cattielaw.com, info@cattielaw.com, or 844.546.3500. #rafaelgonzalezesq #cattiegonzalezpllc #ahigherstandardinmspcompliance #lawyersprovidingmsplegaladvice #lawyersofferingmsplegalsolutions

Are the costs of applying for Court Fee Remission recoverable from the paying party? Today's article comes from Melanie Pearson who looks at the recoverability of costs in relation to apply for Fee Remission! https://lnkd.in/evuSP7ie #Litigation #LegalCosts #FeeRemission

🚨 Michigan Supreme Court Limits Wrongful Death Damages 🚨 In a significant ruling, the Michigan Supreme Court has revisited the issue of damages in wrongful death cases. In Daher v Prime Healthcare Services-Garden City, LLC, the Court concluded that damages for a decedent’s lost future earnings are not recoverable under Michigan's Wrongful Death Act (WDA). This decision overturns the 2016 precedent set by the Court of Appeals in Denney v Kent Co Rd Comm, reaffirming a 1948 ruling that only specific damages—such as reasonable compensation for pain and suffering, loss of financial support, and loss of society and companionship—are recoverable. The Daher ruling emphasizes the importance of legislative intent, demonstrating that if the Legislature had intended to include future earnings as a category of damages, it would have done so explicitly. This case serves as a reminder that when interpreting statutes, what the Legislature omits can be as telling as what it includes. Stay informed about the implications of this ruling by reading our latest blog post: https://lnkd.in/eyNSjR_V #LegalUpdate #WrongfulDeathAct

#BusinessLawToday | Humana has requested the court vacate the rule, arguing it is retroactive rulemaking that upends the predictability of the Medicare Advantage bid process. Read: https://lnkd.in/geT-bpdF #BusinessRegulation #RegulatedIndustries #BusinessLaw

🚨 Major updates on the No Surprises Act are underway! New legislation may enforce stricter compliance with payment deadlines and transparency, while President Biden's budget proposes expanding NSA protections to ground ambulance services. A simplified administrative fee process for Independent Dispute Resolution (IDR) is also on the horizon, plus efforts to ensure provider non-discrimination. Stay informed on these changes as they aim to streamline dispute resolution and enhance fairness in out-of-network billing. Read more here: https://hubs.la/Q02VR0_g0