Federal Liens Against Some Tort Settlement Payments - The Medicare, Medicaid, and SCHIP Extension Act of 2007
The Medicare, Medicaid, and SCHIP Extension Act of 2007 is prompting lots of concern among tort litigants. The gist is that many but not all parties expecting to pay a tort settlement - to a person eligible for Medicare - must register with the federal government and then report payments to the federal government effective as of July 1, 2009. The point of course is to let the government seek to obtain reimbursement for its expenses to delay the day when Medicare becomes insolvent.
Guidance on compliance is out there. For example, the basic rules are spelled out in a short online article by defense lawyer Keith Whitson and others at Schnader Harrison, and other more detailed online articles also are avaible here . On the plaintiff's side, bar groups are advertising seminars to educate plaintiff's lawyers about the rules. Some deep background from Matt Garretson to plaintiff lawyers is available here, but is useful for anyone.