News - Court Approves NECC Agreement for Resolution of Medicare Liens

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Good news for Foley & Small NECC clients!  At a hearing on August 24, 2016, the District Court in Massachusetts heard from Lead Counsel for the Plaintiffs Steering Committee and counsel from the United States Department of Justice (“DOJ”) on behalf of the Centers for Medicare and Medicaid Services (“CMS”). They reported an agreement had been reached on resolution of the Medicare liens.  A copy of that agreement can be seen by clicking MEDICARE LIEN AGREEMENT.  Judge Rya Zobel approved the agreement.  

The Agreement provides for a sliding scale reimbursement schedule based upon longer hospitalization and longer voriconazole usage. Payment will be a percentage of the claimant's NECC recovery.  A copy of that scale can be seen by clicking MEDICARE LIEN SLIDING SCALE.  The agreement provides for a lesser Medicare repayment obligation than would normally be the case for most, if not all, clients.  For lesser injury claims, Category VI and VII claims under the NECC agreement, no Medicare payback will be required for most in these categories.  In the Sliding Scale document, "LHA" stands for Long Hospitalization Adjustment and "LAFT" stands for Long Anti-Fungal Adjustment. 
Perhaps, most important, the Court's approval of the agreement will allow the process of making initial payments to begin.  Foley & Small will be contacting clients in the near future to provide more detail on how the Medicare agreement will affect them.

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