Posted on 07/18/2009 8:10:01 AM PDT by Behind Liberal Lines
For some time now the federal government has been intensifying its pursuit of what are sometimes known as “Medicare liens” against third party defendants. In the simplest scenario ... someone is injured in, say, a car accident, and has the resulting medical bills paid by Medicare. They then sue and successfully obtain damages from the other driver. At this point Medicare (i.e. the government) is free to demand that the beneficiary hand over some or all of the settlement to cover the cost of the health care, but under some conditions it is also free to file its own action to recover the medical outlays directly from the negligent driver (who in some circumstances might even wind up paying for the same medical bills twice). It might do this if, for example, it does not expect to get a collectible judgment from the beneficiary.
The newly added language in the Thursday morning version of the health bill (for those following along, it’s Section 1620 on pp. 713-721) would greatly expand the scope of these suits against third parties, while doing something entirely new: allow freelance lawyers to file them on behalf of the government — without asking permission — and collect rich bounties if they manage thereby to extract money from the defendants. Lawyers will recognize this as a qui tam procedure, of the sort that has led to a growing body of litigation filed by freelance bounty-hunters against universities, defense contractors and others alleged to have overcharged the government.
A Two-fer. It also help drive private businesses out of business. Who would even start a business if you can be sued for any reason without notification?
Redistribution of wealth takes many forms.
Joe The Plumber outted Obama. McCain and Palin blew it.
That is already the case even without this law.
Correction ... McCain blew it.
It might do this if, for example, it does not expect to get a collectible judgment from the beneficiary.
Outrageous.......
.......we need Legal reform, before even discussing medical reform.
So I'm injured, sue with my own money, and THE GOVERNMENT demands I then pay for my own medical care out the settlement THAT I PAID FOR OUT OF MY OWN POCKET.....
.....even though THE GOVERNMENT could and might still go directly to the defendant.
This had better not become law.....
I’ve been unable to find the bill in it’s current form. Is it available anywhere for me to download and read?
You can also find it on the LOC Thomas website.
Let’s see....Energy inspectors, Census inquisitors, insurance bounty hunters...mandatory counciling to market assisted suicide....
Where are the feds going to find enough fools to knock on peoples doors and piss them off?
If you can, divert your offspring from med school to law school if they ever hope to recoup the cost of the education.
Thank you very much LaLydia :-)
Have a great Saturday.
Well, this is one way to get us to stop driving our cars altogether and to start relying solely on public transportation. God save our country.
Dear High School Graduating Class of ‘09,
Become a Lawyer, Banker, or Politician. Our system is set up to provide for those three like no others. That’s where the money is. (And yes, it really IS all about the money).
-Wolfie
There are two bills, one in the House and one in the Senate. It gets confusing. The LOC site is useful because it also has all the amendments, bill status, sponsors, etc.
Wish we knew exactly who inserted this into the bill. Of course, Obama showed what a bought and paid for POS he is in his speech before the AMA when he assured them there would be NO tort reform, and therefore no legislation that might reduce the hundreds of thousands in malpractice insurance doctors must now carry.
That is probably the one reform that could reduce medical care costs the most almost overnight, and those who suffered from real medical malpractice could still be fairly compensated. But the Rats have no interest in tort reform, and seem to be loading even more lawyer earning opportunities into the health care system.
Easy there SS, you only have to pay back what the Government paid you via Medicare. Or do you really want that free lunch after all?
Walmart paid all her health care bills, through the Walmart insurance program.
Then, the incompetent attorney of the Walmart employee took the other driver to court, who caused the wreck.
Walmart then wanted its portion of the settlement.
DUH! That is the way it works: Subrogation is the word for it. The government does it ALL THE TIME!
But Walmart got raked over the coals for doing exactly what the government does, on a daily basis. There is even a dedicated 800# line, to Medicare, for “coordination of benefits” which is a euphemism for claims denial or claims subrogation, due to other insurance.
Correction: We blew it as a nation.
We allowed a concentrated Democratic effort to cross lines in our primaries to insure we would get that clown and many good Republicans stayed home to show there disgust with the choices.
We are a goup of principled people fighting a war against another group that has no scruples. Not an easy task.
Here’s another gothca - low income subsidies families with 4x poverty level. To understand what this means, go to
http://www.coverageforall.org/pdf/FHCE_FedPovertyLevel.pdf
According to the chart, a family of four (in the lower 48)with gross income of less than $88K qualifies. Likewise, a retired couple with gross income of less than $58K qualifies.
I also draw your attention to how pregnant women are counted. Are they admitting that it is a living being? After all, this IS from the Federal Register. So, if the Federal government recognizes that a pregnant woman is carrying a living being; then, abortion is murder. And since it is murder, the criminals MUST be prosecuted.
Actually, subrogation is good public policy.
It is bad public policy to allow attorneys to jump into these cases without a contract with either the government or the injured party.
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