How important is it to discuss Medicare issues with the other side... advance of my mediation?

Medicare liens are obviously an important part of preparing for your mediation.  Since it will likely take up time at the mediation, perhaps at a time and in a way that will derail the settlement, it is a good idea to discuss what information is needed and how the parties anticipate dealing with these liens in advance.

Certainly, too, it is a good idea to share your understanding of recent relevant case law as it is a dynamic area.  On that note, Wright v. Liberty Medical Supply, Inc., 2011 U.S. District Court, Civil Action No. 7:09-cv-02490-JMC (District of South Carolina, Spartanburg Division., July 25, 2011); and Schexnayder v. Scottsdale Insurance Co., 2011 U.S. District Court, Civil Action No. 6:09-cv-1390 (W.D. La., July 28, 2011);  are two relatively recent Federal Court cases you may find of interest. You may want to consider employing the services of a dedicated Medicare compliance adviser to help you keep up-to-date and to help you decide how best to approach dealing with lien issues.

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