[blindlaw] Any employment law lawyers out there?

[Ross Doerr]

Thank you Rod. I'll do that.


----- Original Message ----- 
From: "Alcidonis Law Office" <attorney at alcidonislaw.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Friday, August 24, 2012 1:45 AM
Subject: Re: [blindlaw] Any employment law lawyers out there?


> Ross:
>
> It's unclear from your question for which parts of the requirements you 
> need statutory authority. The requirement you have cited also applies to 
> personal injury cases, which I deal with quite a  bit. The language you 
> posted in your e-mail is pretty much standard on releases dealing with 
> this issue. Did you take a look at the Medicare Secondary Payer Act?
>
> In personal injury settlements, we also put language in the release to 
> shift the requirement to the client just in case. Let me know if you need 
> sample language and I will send it your way.
>
> Take care
>
> Rod Alcidonis, Esquire.
> Alcidonis Law Office, LLC
> 2824 Cottman Avenue
> Suite 15
> Philadelphia, PA 19149
> Tel: (215) 305-8085
> Fax: (215) 525-0999
> Work: Attorney at alcidonislaw.com
> Listservs: lawoffice at alcidonislaw.com
>
> Licensed in Pennsylvania and New Jersey.
> -----Original Message----- 
> From: Ross Doerr
> Sent: Thursday, August 23, 2012 8:03 PM
> To: NFBnet Blind Law Mailing List
> Subject: [blindlaw] Any employment law lawyers out there?
>
> To any employment law attorneys out there - it is my understanding that 
> there must now be Medicare language in employment law settlements. It is 
> supposed to be required language now.
>
> As I understand it, no set-aside is required for
>
> settlements under $25,000.
>
> Can anyone tell me what statute or regulation requires this component? I'm 
> looking for authority here.
>
> This is some draft language I've picked up -
>
> *Medicare Reporting Requirements.  The parties have considered Medicare's 
> interest in this matter, if any, and Employee declares and expressly 
> warrants that he is not Medicare eligible nor
>
> within thirty (30) months of becoming Medicare eligible; is not 65 years
>
> of age or older; is not suffering from end stage renal failure; has not
>
> received Social Security benefits for 24 months or longer; and has not
>
> applied for Social Security disability benefits, and/or has not been
>
> denied Social Security disability benefits and appealing the denial; and
>
> therefore, no Medicare Set Aside Allocation is being established.
>
> Employee attests that the claims released herein are not related to any
>
> illness or injury for which Employee would apply or receive Medicare
>
> benefits. Employee understands that he is required by law to disclose
>
> this information to Employer and its attorneys in connection with this
>
> Agreement.  Employee understands that failure to do so may result in
>
> penalties being assessed against Employee, the parties, and attorneys.
>
> Employee declares and warrants that he is aware of the requirements of
>
> the Medicare Secondary Payer Act ("MSP"). Employee understands that
>
> Medicare has an interest in recovering any benefits paid when it is used
>
> as a source of secondary payment.  Employee therefore agrees to release,
>
> hold harmless, and indemnify Employer and the Employer Releasees from
>
> any remedies, reprisals, or penalties that result from Employee's
>
> failure to disclose or release his status as a Medicare beneficiary.  In
>
> the event that any of the above information provided by Employee is
>
> false or in any way incorrect, Employee shall be solely liable for any
>
> and all actions, causes of actions, penalties, claims, costs,  services,
>
> compensation  or the  like  resulting from these  inaccuracies.
>
> Employee acknowledges that Medicare may require him to exhaust all of
>
> the payments in Section 4.A. on Medicare covered expenses should he
>
> become Medicare eligible within thirty (30) months.  Employee waives any
>
> claims for damages, including a private cause of action provided in the
>
> MSP, 42 U.S.C. Section 1395y(b)(3)(A), should Medicare deny coverage for
>
> any reason, including the failure to establish a set aside allocation to
>
> protect Medicare's interest.
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