Blog: Newsletter Archive
When Can You Delay Taking Medicare?
You are generally eligible for Medicare when you are 65. You might not want to enroll if you are working full time for a larger employer or contributing to a health savings account. However, there can be penalties if you don’t sign up at the right time. It is important to know when you can…
The SMART Ride Is Here! HIV/Aids… Has Not Left The Building
By Glen Weinzimer Did you know? New cases of HIV are on the upswing in Florida? Those at greatest risk and who are getting infected at an alarming rate are ages 18-24, and seniors? Minorities are disproportionately affected? You do not have to be gay to get HIV? You can impact change. Meet Glen Weinzimer…
Seeking Exemption From The Medicaid Estate Recovery Lien
If you achieve a settlement or judgment for a client after the client’s death the Medicaid third-party liability lien (F.S. 409.910) must be satisfied before the proceeds are placed in the estate. F.S. 409.9101(9). The proceeds placed in the probate estate are then available to satisfy the Medicaid estate recovery lien (for benefits paid through…
Florida Court Decides Medicaid TPL Applies to Wrongful Death Case
The Fourth D.C.A. has held in Goheagan v. Perkinsthat the State can recover its Medicaid third-party liability lien in a wrongful death action because the federal anti-lien statute only applies to settlements of living Medicaid recipients. The Medicaid agency paid for approximately $95,000.00 of medical services provided to the decedent. A multi-million dollar verdict was entered against the driver…
Seeking Reduction of the Medicaid Liability Lien
Seeking reduction of the Medicaid liability lien through the administrative process mandated under Florida Statutes. If your client’s personal injury case involves a Medicaid lien as well as an ERISA lien and AHCA argues its lien should be paid in full request that the Administrative Law Judge not consider the ERISA lien as evidence of allocation of medical expenses. While…
2016 Florida Legislative Update
Congress has authorized a second extension to delay implementation of Section 211 of the Bipartisan Budget Act of 2013 through October, 2017 (HR 4302). This amends 42 U.S.C. 1396a. The act was scheduled to go into effect October, 2014. The federal act sought to repeal the successful results afforded to Plaintiffs as a result of…
2015 Florida Legislative Update
Florida Statutes Chapter 744 which governs guardianship proceedings was amended relating to the settlement of claims for incapacitated adults and minors effective July 1, 2015. Here are the highlights: Confidentiality: The portion of the court file relating to the settlement of a claim is confidential. A party must establish good cause and only then is the…
Dentistry and the Senior Patient
by Dr. Alfred G Bove’, DMD You cannot listen to the news without hearing about the latest improvements which make our lives healthier and longer. Technological advances in medicine and pharmacology leave us with the following question…so we are living longer but what changes occur with living longer lives? Dentistry, since its early onset as…
Tips for Qualifying for Veteran Pension (Aid & Attendance)
In the past I have written about the eligibility rules for Veteran Aid & Attendance benefits (also known as pension). Aid & Attendance is a monthly cash benefit intended to be used to pay for medical related expenses not covered by Medicare or private insurance (i.e. home health services). The VA provides the benefit for…
Options to Deal with Defaulted Federal Student Loans
By Jonathan Leiderman, Esquire Generally, if your federal student loan is between 1 and 270 days late, it is “delinquent” (other than Perkins loans, which are in “default” after the first day of non-payment). After 270 days of non-payment, your federal student loan is in “default”. If your federal student loan is close to being…