As we approach January 2012 when CMS will enforce mandatory reporting by insurance carriers for liability settlements, do not be surprised if more insurance carriers delay issuing payment until Medicare’s interests have been satisfied.  Insurers are concerned, and rightly so, that they will be held responsible by CMS for repayment of Medicare’s conditional payment under…

There are several ways criminals try to exploit seniors. One of the most common ways is by stealing your identity. Here are some tips, recommended by the Academy of Florida Elder Law Attorneys, about how to minimize your chances of falling victim to the unscrupulous: Shred important papers. Don’t put outgoing mail in an unsecured…

The worst legal mistakes I have seen (and successfully fixed) result from clients listening to their neighbors’ or friends’ Medicaid and estate planning advice. This includes both lay people and advice from some professionals as well, even attorneys and accountants. There have been a multitude of changes to Medicaid law on the federal and state…

Planning is important to successfully minimize your personal and company taxes. While some people think “tax season” is March and April, it really starts in November. Year-end tax planning begins with an estimate of your personal and/or business income, expenses, assets and liabilities based on year-to-date numbers and estimates through the end 2011 and a…

The new Durable Power of Attorney law which became effective October 1, 2011 contains many sweeping changes that are intended to conform Florida’s law to the Uniform Power of Attorney Act. A few of these changes include: Requiring that specific types of financial authority delegated to an agent (i.e. gifting; create or change a beneficiary…

On September 30, 2011, CMS issued a new memorandum concerning liability Medicare set-aside arrangements. The memorandum states that Medicare’s interests will have been considered in a liability insurance settlements and awards if the treating physician for the plaintiff opines in writing that: the plaintiff has completed treatment by the date of the settlement: future medical…

The new Durable Power of Attorney law which became effective October 1, 2011 contains many sweeping changes that are intended to conform Florida’s law to the Uniform Power of Attorney Act. A few of these changes include: Requiring that specific types of financial authority delegated to an agent (i.e. gifting; create or change a beneficiary…

Do you know that you can designate different beneficiaries under your I.R.A. (Individual Retirement Plan) than under your 401(k) plan? A 401(k) provides protections for a surviving spouse whereas an I.R.A. does not. The reason for this is that a 401(k) is an employee based plan that is governed by the federal laws of ERISA…

Here are some of the highlights of the law passed in 2010: Health care coverage will be available to individuals who are denied insurance due to pre-existing conditions through 2013. In Florida, the Pre Existing Condition Insurance Program (PCIP) is run through the federal government. You must be a citizen or national, uninsured for six…

I have recently observed a client concern that I would like to share with you. When a person does not take the time to make pre-need funeral arrangements, if can cause conflict among the survivors. In certain situations the conflict may require resolution by a Court. To benefit our clients and help ensure that their…