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Change in SSDI/WC Offset Included in ABLE Act (HR 647) Passed in the House

By | 2014-12-05T18:09:57+00:00 December 5th, 2014|Categories: Uncategorized|Tags: |

By an overwhelming vote of 404 -17 the House of Representatives yesterday passed the Achieving a Better Life Experience Act (HR 647). The bill has as its primary purposes (1) to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of [...]

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Business Coalition Urges House to Move on TRIA Long Term Extension

By | 2014-11-06T19:12:44+00:00 November 5th, 2014|Categories: Uncategorized|

Business representatives concerned about the impact of a failure by Congress to extend the Terrorism Risk Insurance Act (TRIA) today sent a letter to the House leadership urging that the House pass legislation that would provide for a long term extension of the program. The letter signed by forty-seven businesses, federal and state trade associations points [...]

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CMS Updates Section 111 Reporting User Guide – Expands Definition of “Spouse” to Include Same-Sex Marriages

By | 2014-10-08T02:33:21+00:00 October 8th, 2014|Categories: Uncategorized|

The Centers for Medicare and Medicaid Services (CMS) on October 6th released an updated User Guide to Section 111 Reporting for Non-Group Health Plans to meet Medicare Secondary Payer reporting requirements. The full posting may be found at http://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Mandatory-Insurer-Reporting-For-Non-Group-Health-Plans/NGHP-User-Guide/NGHP-User-Guide.html The following updates were made to Chapter 1of the user guide: The Department of Health & Human [...]

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CMS Releases New Procedure to use Portal for Prescription Drug Valuation for WC MSAs

By | 2014-10-08T03:03:08+00:00 October 6th, 2014|Categories: Uncategorized|Tags: |

In a web site release on September 22nd  CMS announced plans to provide for a portal system procedure to provide valuation of prescription drugs for purposes of WCMSAs. The policy may be accessed at http://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Workers-Compensation-Medicare-Set-Aside-Arrangements/Whats-New/Downloads/Upcoming-Enhancement-WCMSAP-for-PD-Information.pdf As of October 6, 2014, portal users will be able to enter information on the new Prescription Drugs page for any [...]

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CMS To Permit Flexibility in Section 111 SSN Reporting

By | 2014-10-08T02:58:14+00:00 October 6th, 2014|Categories: Uncategorized|Tags: |

The Centers for Medicare and Medicaid Services (CMS) in an alert posted to its web site on September 10th  released new policy effective January 5, 2015 that provides increased flexibility to employers and WC plan administrators to submit Section 111 reports to CMS. The alert responds to Section 204 of the Strengthening Medicare and Repaying Taxpayers [...]

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Pennsylvania Employers Seek Legislative Restrictions on High Cost Physician Drug Dispensing

By | 2014-10-08T02:41:18+00:00 October 6th, 2014|Categories: Uncategorized|

The practice of physician repackaging prescription drugs and selling to their patients has become an issue in a number of states (e.g. Florida) and now is the subject of reform legislation broadly supported by the business community in Pennsylvania. A recent study by the Workers Compensation Research Institute (WCRI) found that physician-dispensed medications account for 29% [...]

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Florida Judge Declares Florida’s Exclusive Remedy Statute Unconstitutional

By | 2014-08-25T20:30:20+00:00 August 25th, 2014|Categories: Uncategorized|

Miami-Dade County Circuit Court Judge Jorge E. Cueto issued an opinion on August 13th declaring that Florida's exclusive remedy statute was facially unconstitutional (see attached). In a wide ranging opinion the judge reviews federal and state court cases going back to 1917. The decision responds to a request for declaratory relief from intervenor parties Florida Workers' [...]

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Senate Passage of TRIA Extension Puts Pressure on House

By | 2014-07-24T17:48:10+00:00 July 24th, 2014|Categories: Uncategorized|Tags: |

The US Senate today passed legislation to extend the Terrorism Risk Insurance Act by an overwhelming bi-partisan vote of 93 -4 with 3 not voting.  The bill, S 2244, may be found at http://www.gpo.gov/fdsys/pkg/BILLS-113s2244rs/pdf/BILLS-113s2244rs.pdf. The Terrorism Risk Insurance Program Reauthorization Act of 2014 amends the Terrorism Risk Insurance Act of 2002 to extend the Terrorism Insurance [...]

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Senators Urge CMS to Act on SMART Act Implementation

By | 2014-07-15T21:12:03+00:00 July 15th, 2014|Categories: Uncategorized|

In a letter dated July 14, 2014, six senators from both parties signed a letter to Marilyn Tavenner, Administrator of the Centers for Medicare and Medicaid Services (CMS), reviewing the delayed implementation of several aspects of the SMART Act signed into law in January of 2013. (See attached) Senators signing the letter included Rob Portman (OH), [...]

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Pennsylvania Legislation Passes Senate to Provide Relief from WC/Longshore Dual Jurisdiction Issue

By | 2014-06-05T14:03:13+00:00 June 5th, 2014|Categories: Uncategorized|

In a surprisingly overwhelming show of support in the Pennsylvania House and Senate, HB 2081 has passed through both houses and the vote today in support of the bill on the floor of the Senate was 46-0 with 4 no votes. The sponsor of the bill, Representative William (Billy) Adolph, who chairs the House Appropriations committee, [...]

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