Let the light pierce through the darkness Close all old accounts, turn a new leaf Re-learn that old lesson of friendship Kill nor be killed, settle for lessening Amidst us of this fossilized hatred
Technology Update
Perhaps that time has not come yet when our, Gods would listen to the beats in our hearts, peace and happiness spread their glow, perhaps we would have to force Mother Time?.
Plaintiff’s Personal Injury Attorneys are Agonizing Over the New Medicare Reimbursement
Elizabeth A Moreno asked:
The growing Medicare shortfall in Washington has many politicians looking for ways to bridge the funding gap. As a result a new law, effective July 1, 2009, has been enacted which requires liability insurers (which include carriers who write CGL policies, auto policies, homeowners’ policies and those defendants who are self-insured such as supermarkets) to determine and report whether a claimant is covered and is entitled to Medicare benefits. If the claimant received Medicare benefits during their treatment for the injury, Medicare is holding out both hands to make sure they get 100% reimbursement, despite the comparative negligence of claimant.
This new law will pose new challenges for plaintiff’s attorney, the insurance carrier for the defendant and the mediator who is attempting to resolve the claim. If the attorney or insurance carrier does not comply, they risk being sued by the Government for reimbursement up to five years post-closure and monetary fines.
What is the new law?
On December 29, 2007, President George Bush signed into law the “Medicare Medical, and SCHIP Extension Act of 2007.” The new legislation amends the Medicare Secondary Payer Act (MSA) by establishing new reporting guidelines beginning July 1, 2009. Under the new rules, all liability insurers, and self-insurers will be required to determine whether any individual who files a claim against the insurer or any entity insured or covered by the insurer is entitled to Medicare benefits. If so, the insurer must provide Medicare with that individual’s identity and any other information that maybe required under the law. This information must be furnished to Medicare within the time specified by after the claim is resolved through settlement, judgment, award or other payment (regardless whether or not there has been an admission or determination of liability). If an insurer fails to notify Medicare in accordance with these guidelines, a civil penalty of $1,000 per day will be charged per claimant. The new legislation clearly indicates a shift in policy which will result in the federal government monitoring general liability claims more closely. The fines represent a new enforcement push by Medicare to hold attorneys and insurers liable.
What does it mean for Plaintiff’s Attorney?
Plaintiff’s attorney will begin to take a closer look at the case he or she accepts. The attorney should change the client intake form to ask very comprehensive health related questions, whether the client is entitled to Medicare, how long has he been on Medicare, which type of Medicare and whether the claimant has used Medicare to obtain treatment for his/her injuries. The client should be advised in detail about the new Medicare Recovery Act and that Medicare is looking for 100% reimbursement, not taking into account if there is any comparative negligence. The client should be told there is no hiding from Medicare because it will be notified upon a settlement or judgment and the lien may take months if not years to resolve.
Think twice before accepting a small personal injury case involving Medicare recipients where liability is disputed. A settlement amount will have to cover Medicare charges up to 100%, attorney fees and provide money for the plaintiff. If that type of recovery does not seem likely consider rejecting the case.
However, Baby Boomers are increasing and may be a good part of an attorney’s personal injury practice. It is estimated that in the next couple of years, approximately 25% of the Country’s population will consist of baby boomers who are Medicare recipients. If the claimant has undergone limited treatment using Medicare and needs additional treatment, consider advising the healthcare provider to bill plaintiff directly or consider finding a doctor who will take the treatment on a lien. This way a Medicare lien will be avoided or at least a very minimal lien incurred. If liability is undisputed, have the medical provider bill the insurance carrier directly.
What if the attorney has a case where Medicare has a substantial lien? If it is before July 1, 2009, consider settling the claim before that time. If you cannot, again advise the client of the new Medicare Recovery Act and the reporting requirements.
If there is a settlement and Medicare does not know about it and mistakenly pays for services it has a right to recover, it can go after the attorneys whose fees are paid out of the settlement. Also the Medicare recipient can lose his or her benefits. Lawyers could be exposed to malpractice claims for not handling a client’s benefits properly. Insurers can be liable for monetary fines for failure to report. If a plaintiff loses his Medicare benefits, the plaintiff may bring a legal malpractice claim against the attorney and a bad faith claim against the insurer for not making sure Medicare benefits were protected.
After July 1, 2009, makes sure the claim is settled for an amount that will cover the Medicare lien. It may be possible to comp the lien, but do not count on it. In making settlement demands, assume that you will pay Medicare 100% reimbursement in what is paid out. Make sure all charges refer to the injuries that your client sustained. Medicare will not be speedy to resolve these claims, so discuss with the client about holding the amount in a trust account until the CMS lien is resolved rather than disbursing the entire amount owed to plaintiff.
It is unknown whether plaintiff’s attorney will have to worry about set asides calculations for future medical care and submit them to Medicare for approval. Currently, there is no formal process of liability settlements for future medical care.
Finally, negotiations with the liability insurance carrier will become more difficult. They will demand information about your client, such as social security number, so that they can comply with the requirements and avoid fines. Also, even though Medicare may ignore the comparative negligence issues, Insurance adjusters will take the position that despite Medicare’s 100% reimbursement, it will not pay 100% of the medical bills. An insurance carrier will not want to increase the cost of a claim and stand firm on its position.
This new law will pose challenges for the plaintiff’s attorney who is attempting to resolve the claim. The key is to be aware of the Medicare Reimbursement Act, and to prepare the parties prior to a settlement of the barriers that the Medicare Recovery Act may present.
The growing Medicare shortfall in Washington has many politicians looking for ways to bridge the funding gap. As a result a new law, effective July 1, 2009, has been enacted which requires liability insurers (which include carriers who write CGL policies, auto policies, homeowners’ policies and those defendants who are self-insured such as supermarkets) to determine and report whether a claimant is covered and is entitled to Medicare benefits. If the claimant received Medicare benefits during their treatment for the injury, Medicare is holding out both hands to make sure they get 100% reimbursement, despite the comparative negligence of claimant.
This new law will pose new challenges for plaintiff’s attorney, the insurance carrier for the defendant and the mediator who is attempting to resolve the claim. If the attorney or insurance carrier does not comply, they risk being sued by the Government for reimbursement up to five years post-closure and monetary fines.
What is the new law?
On December 29, 2007, President George Bush signed into law the “Medicare Medical, and SCHIP Extension Act of 2007.” The new legislation amends the Medicare Secondary Payer Act (MSA) by establishing new reporting guidelines beginning July 1, 2009. Under the new rules, all liability insurers, and self-insurers will be required to determine whether any individual who files a claim against the insurer or any entity insured or covered by the insurer is entitled to Medicare benefits. If so, the insurer must provide Medicare with that individual’s identity and any other information that maybe required under the law. This information must be furnished to Medicare within the time specified by after the claim is resolved through settlement, judgment, award or other payment (regardless whether or not there has been an admission or determination of liability). If an insurer fails to notify Medicare in accordance with these guidelines, a civil penalty of $1,000 per day will be charged per claimant. The new legislation clearly indicates a shift in policy which will result in the federal government monitoring general liability claims more closely. The fines represent a new enforcement push by Medicare to hold attorneys and insurers liable.
What does it mean for Plaintiff’s Attorney?
Plaintiff’s attorney will begin to take a closer look at the case he or she accepts. The attorney should change the client intake form to ask very comprehensive health related questions, whether the client is entitled to Medicare, how long has he been on Medicare, which type of Medicare and whether the claimant has used Medicare to obtain treatment for his/her injuries. The client should be advised in detail about the new Medicare Recovery Act and that Medicare is looking for 100% reimbursement, not taking into account if there is any comparative negligence. The client should be told there is no hiding from Medicare because it will be notified upon a settlement or judgment and the lien may take months if not years to resolve.
Think twice before accepting a small personal injury case involving Medicare recipients where liability is disputed. A settlement amount will have to cover Medicare charges up to 100%, attorney fees and provide money for the plaintiff. If that type of recovery does not seem likely consider rejecting the case.
However, Baby Boomers are increasing and may be a good part of an attorney’s personal injury practice. It is estimated that in the next couple of years, approximately 25% of the Country’s population will consist of baby boomers who are Medicare recipients. If the claimant has undergone limited treatment using Medicare and needs additional treatment, consider advising the healthcare provider to bill plaintiff directly or consider finding a doctor who will take the treatment on a lien. This way a Medicare lien will be avoided or at least a very minimal lien incurred. If liability is undisputed, have the medical provider bill the insurance carrier directly.
What if the attorney has a case where Medicare has a substantial lien? If it is before July 1, 2009, consider settling the claim before that time. If you cannot, again advise the client of the new Medicare Recovery Act and the reporting requirements.
If there is a settlement and Medicare does not know about it and mistakenly pays for services it has a right to recover, it can go after the attorneys whose fees are paid out of the settlement. Also the Medicare recipient can lose his or her benefits. Lawyers could be exposed to malpractice claims for not handling a client’s benefits properly. Insurers can be liable for monetary fines for failure to report. If a plaintiff loses his Medicare benefits, the plaintiff may bring a legal malpractice claim against the attorney and a bad faith claim against the insurer for not making sure Medicare benefits were protected.
After July 1, 2009, makes sure the claim is settled for an amount that will cover the Medicare lien. It may be possible to comp the lien, but do not count on it. In making settlement demands, assume that you will pay Medicare 100% reimbursement in what is paid out. Make sure all charges refer to the injuries that your client sustained. Medicare will not be speedy to resolve these claims, so discuss with the client about holding the amount in a trust account until the CMS lien is resolved rather than disbursing the entire amount owed to plaintiff.
It is unknown whether plaintiff’s attorney will have to worry about set asides calculations for future medical care and submit them to Medicare for approval. Currently, there is no formal process of liability settlements for future medical care.
Finally, negotiations with the liability insurance carrier will become more difficult. They will demand information about your client, such as social security number, so that they can comply with the requirements and avoid fines. Also, even though Medicare may ignore the comparative negligence issues, Insurance adjusters will take the position that despite Medicare’s 100% reimbursement, it will not pay 100% of the medical bills. An insurance carrier will not want to increase the cost of a claim and stand firm on its position.
This new law will pose challenges for the plaintiff’s attorney who is attempting to resolve the claim. The key is to be aware of the Medicare Reimbursement Act, and to prepare the parties prior to a settlement of the barriers that the Medicare Recovery Act may present.
Utah Legislature Debates Cell Phone Ban
Kenneth Christensen asked:
Commuters often multitask while driving around town, whether it’s eating a quick lunch, glancing at a map, or putting on makeup. These activities can cause dangerous distractions to drivers. Among the most common forms of distraction for multitasking drivers is cellular phone use.
As cell phones have become more of necessity in society, drivers are talking on their phones to catch up with family, hear about a friend’s day, or find out if the big business contract went through. Cell phone use is common form of distraction among drivers. With advances in technology, drivers are not only talking on the phone, but also texting and emailing while behind the wheel. Studies and research are surfacing that examine the dangers of cell phone use.
According to research performed by the Harvard Center of Risk Analysis, 6% of traffic accidents nationwide are the result of cell phone use. This equates to 330,000 injuries and 2,600 deaths annually. While many drivers switch to hands-free cell phones in an attempt to driver more safely, research conducted at the University of Utah show absolutely no difference in concentration levels between drivers using hands-free cell phone and drivers using hand-held cell phones.
Text-messaging poses even more of a danger than simply talking on the cell phone. Nearly 50% of drivers between the ages of 18 and 24 text-message while driving. This is extremely dangerous. Studies show that the steering control of a driver who is text-messaging is reduced by 90%. Furthermore, the reaction time of someone texting while driving is reduced 35%, three times more than a drunk driver’s reduced reaction time of 12%.
In Utah, certain legislators are proposing cell phone bans. Representative Phil Riesen is submitting a strict bill that would outlaw all cell phone use while driving, including hands-free headsets, text-messaging, and emailing. His bill makes exceptions for emergency situations and two-way radios. A recent survey conducted by the Salt Lake Tribune found that 80% of Utah residents favor a cell phone ban.
Despite research showing the dangers of cell phone use and overwhelming citizen support for a legislative ban, some Utah lawmakers are opposed to such a bill. Opponents of the bill suggest that such a law would infringe on civil liberties. Other opponents point out that laws already exist which penalize distracted driving.
In what will likely be a heated debate, Utah legislators will soon be deciding the fate of multitasking drivers across the state. Regardless of the legislature’s decision, we would all benefit from turning our cell phones off before we get behind the wheel.
Commuters often multitask while driving around town, whether it’s eating a quick lunch, glancing at a map, or putting on makeup. These activities can cause dangerous distractions to drivers. Among the most common forms of distraction for multitasking drivers is cellular phone use.
As cell phones have become more of necessity in society, drivers are talking on their phones to catch up with family, hear about a friend’s day, or find out if the big business contract went through. Cell phone use is common form of distraction among drivers. With advances in technology, drivers are not only talking on the phone, but also texting and emailing while behind the wheel. Studies and research are surfacing that examine the dangers of cell phone use.
According to research performed by the Harvard Center of Risk Analysis, 6% of traffic accidents nationwide are the result of cell phone use. This equates to 330,000 injuries and 2,600 deaths annually. While many drivers switch to hands-free cell phones in an attempt to driver more safely, research conducted at the University of Utah show absolutely no difference in concentration levels between drivers using hands-free cell phone and drivers using hand-held cell phones.
Text-messaging poses even more of a danger than simply talking on the cell phone. Nearly 50% of drivers between the ages of 18 and 24 text-message while driving. This is extremely dangerous. Studies show that the steering control of a driver who is text-messaging is reduced by 90%. Furthermore, the reaction time of someone texting while driving is reduced 35%, three times more than a drunk driver’s reduced reaction time of 12%.
In Utah, certain legislators are proposing cell phone bans. Representative Phil Riesen is submitting a strict bill that would outlaw all cell phone use while driving, including hands-free headsets, text-messaging, and emailing. His bill makes exceptions for emergency situations and two-way radios. A recent survey conducted by the Salt Lake Tribune found that 80% of Utah residents favor a cell phone ban.
Despite research showing the dangers of cell phone use and overwhelming citizen support for a legislative ban, some Utah lawmakers are opposed to such a bill. Opponents of the bill suggest that such a law would infringe on civil liberties. Other opponents point out that laws already exist which penalize distracted driving.
In what will likely be a heated debate, Utah legislators will soon be deciding the fate of multitasking drivers across the state. Regardless of the legislature’s decision, we would all benefit from turning our cell phones off before we get behind the wheel.
Yahoo Reverse Email Search Defined
Ed Opperman asked:
Copyright (c) 2008 Ed Opperman
In the past, it was necessary to either own a domain name or rely upon your ISP in order to send and/or receive email – but not today, thanks to the multitude of different websites that exist today. Using web-based services means saving space on your personal computer, and you also run less risk of file loss. Is it a surprise than hundreds of millions of people have email addresses? In fact, many families will go as far as to have an addresses for every single person in the household!
This isn’t to say that using an online service doesn’t carry with it certain risks, because it does. For example, hackers have been known to target an account that hasn’t been used for a long period. Also increasing the risk of being attacked is if your password is too easy to guess, meaning that your personal address can be used to send out malicious e-mails to people in your address book. It’s always good to show a little originality when choosing a password! A combination of alphanumeric characters (numbers as well as letters) works best.
Nonetheless, with certain providers it is a simple enough matter to discover who has been sending the malicious letters under your name. Take Yahoo, for example. While there exist quite a few good data base reverse e-mail services available, a good first step would be to try the Yahoo! reverse search, because you are more likely to discover the information you seek if you try perusing Yahoo!’s own servers first.
And not to insult your intelligence, but please make sure to record all the addresses that have been sending you (or others) unwanted mails; an amazing number of people are all set to do a reverse email search before recalling that they don’t have any of the addresses they need to use! It’s certainly no fun to be stopped dead in your tracks before you even begin to do your research.
You may need to attempt a few reverse e-mail searches before you find one that offers any useful results – and remember that if one reverse e-mail search is perpetually useless to try a different website! Nautrally these spammers and hackers do not want to be found and will take measures to conceal their identities. Should you continuously hit a brick wall you may want to hire a professional.
So, remember – always begin using the Yahoo reverse e-mail search, but maintain an open mind and be willing to approach this matter with tenacity. With time and a little patience, you should be able to find whatever you are looking for. Good luck!
Copyright (c) 2008 Ed Opperman
In the past, it was necessary to either own a domain name or rely upon your ISP in order to send and/or receive email – but not today, thanks to the multitude of different websites that exist today. Using web-based services means saving space on your personal computer, and you also run less risk of file loss. Is it a surprise than hundreds of millions of people have email addresses? In fact, many families will go as far as to have an addresses for every single person in the household!
This isn’t to say that using an online service doesn’t carry with it certain risks, because it does. For example, hackers have been known to target an account that hasn’t been used for a long period. Also increasing the risk of being attacked is if your password is too easy to guess, meaning that your personal address can be used to send out malicious e-mails to people in your address book. It’s always good to show a little originality when choosing a password! A combination of alphanumeric characters (numbers as well as letters) works best.
Nonetheless, with certain providers it is a simple enough matter to discover who has been sending the malicious letters under your name. Take Yahoo, for example. While there exist quite a few good data base reverse e-mail services available, a good first step would be to try the Yahoo! reverse search, because you are more likely to discover the information you seek if you try perusing Yahoo!’s own servers first.
And not to insult your intelligence, but please make sure to record all the addresses that have been sending you (or others) unwanted mails; an amazing number of people are all set to do a reverse email search before recalling that they don’t have any of the addresses they need to use! It’s certainly no fun to be stopped dead in your tracks before you even begin to do your research.
You may need to attempt a few reverse e-mail searches before you find one that offers any useful results – and remember that if one reverse e-mail search is perpetually useless to try a different website! Nautrally these spammers and hackers do not want to be found and will take measures to conceal their identities. Should you continuously hit a brick wall you may want to hire a professional.
So, remember – always begin using the Yahoo reverse e-mail search, but maintain an open mind and be willing to approach this matter with tenacity. With time and a little patience, you should be able to find whatever you are looking for. Good luck!
Find a Person by Phone Number – Any Situation Will Have a Solution
Davion W asked:
Practically everyone finds himself/herself in such a situation, at one point of time, when he/she needs to find a person by phone number. You too, probably, have thought about ways to do so. Reverse phone number lookup is in a high demand for a reason.
There might be plenty of occasions urging you to find a person by phone number. In fact, such search can be invaluable in many situations:
1. You get anonymous calls or even threats over the phone. In both cases, such calls can be quite frightening, even if the harassing calls are blank. A cellphone ringing in the middle of the night can get on anybody’s nerves very quickly. Now you can find solace in knowing that the annoying caller can be easily located.
2. Sadly, the cases when you have to spy on your partner are not rare as well. Reverse phone number search can help you check occasional contacts on your spouse’s cellphone. This, probably, does not go well with some people’s ethics, but to restore your peace of mind little control will not harm.
3. Similarly, knowing your teenage kids’ contacts can be a timely measure to prevent them from doing something wrong. From your child’s circle of friends you can get to know your secretive teen better.
4. You have a phone number on hand, but no further details are known. This is the most common reason to search and find a person by phone number. Who knows – it can be your old friend or somebody whose contact can be useful for you.
5. Reverse phone number lookup is a good way to prevent wrong charges in your bills. For example, if checking your phone bill you see the numbers which you do not know, there are chances that you are a potential scam victim. Checking the unknown numbers dialed from your land line can otherwise give you an idea what your partner or kids were up to.
To find a person by phone number is pretty easy, especially if you look for a land line number. There are plenty of online services offering both free and paid searches of any phone numbers. Of course, paid searches are much more comprehensive and up-to-date, and allow you to find somebody even by a private cellphone number. Often, lots of additional information on the phone number owner is also available.
So, get rid of your doubts – find a person by phone number and learn more about a reverse phone number lookup from my blog now!
Practically everyone finds himself/herself in such a situation, at one point of time, when he/she needs to find a person by phone number. You too, probably, have thought about ways to do so. Reverse phone number lookup is in a high demand for a reason.
There might be plenty of occasions urging you to find a person by phone number. In fact, such search can be invaluable in many situations:
1. You get anonymous calls or even threats over the phone. In both cases, such calls can be quite frightening, even if the harassing calls are blank. A cellphone ringing in the middle of the night can get on anybody’s nerves very quickly. Now you can find solace in knowing that the annoying caller can be easily located.
2. Sadly, the cases when you have to spy on your partner are not rare as well. Reverse phone number search can help you check occasional contacts on your spouse’s cellphone. This, probably, does not go well with some people’s ethics, but to restore your peace of mind little control will not harm.
3. Similarly, knowing your teenage kids’ contacts can be a timely measure to prevent them from doing something wrong. From your child’s circle of friends you can get to know your secretive teen better.
4. You have a phone number on hand, but no further details are known. This is the most common reason to search and find a person by phone number. Who knows – it can be your old friend or somebody whose contact can be useful for you.
5. Reverse phone number lookup is a good way to prevent wrong charges in your bills. For example, if checking your phone bill you see the numbers which you do not know, there are chances that you are a potential scam victim. Checking the unknown numbers dialed from your land line can otherwise give you an idea what your partner or kids were up to.
To find a person by phone number is pretty easy, especially if you look for a land line number. There are plenty of online services offering both free and paid searches of any phone numbers. Of course, paid searches are much more comprehensive and up-to-date, and allow you to find somebody even by a private cellphone number. Often, lots of additional information on the phone number owner is also available.
So, get rid of your doubts – find a person by phone number and learn more about a reverse phone number lookup from my blog now!
Free Criminal Background Check – Free Background Check Using Google
Joe Horn asked:
Trying to get a free criminal background check can be an extremely daunting task. The reason for this is. There is so much disinformation on the Internet regarding the subject.
Every place you luck you will see advertisements and links to click on that promise to give you a free criminal background check, but when you get to the ultimate destination you find that the criminal background check is actually going to cost you a little bit of money. This is for very good reason, maintaining and updating a database that is complete and accurate costs a lot of money and time.
There are however, ways that a person can do a do-it-yourself investigation and put together their own makeshift free criminal background check by using something that most people use every single day. What I’m talking about, is harnessing the power of search engines such as Google to get a free criminal background check that you’re looking for. Let’s face it, whenever we need any type of information usually the first place return is a place like Google and digging up old arrest records should be no different.
The process that goes into this is fairly simple. All your morning to do, is search for information regarding the person that you are investigating in the search engines. The tricky part is you’re going to want a conductor searches and a couple of different ways. You’ll want to search without quotation marks and with quotation marks. Also, when searching for the person’s name you want to make sure to at least try to search for the name and the format of last name first first name last. This is because a majority of legal records are listed in that way.
Some other information that is useful when using a search engine to obtain a free criminal background check would be the person’s address, Social Security number, birth date, or even an old address.
In instances where you are not successful getting the information you need to a search engine, a free criminal background check may not be possible. In these cases, you may have to resort to using a public records database in order to get the criminal background check that you want or need. There are several databases which offer criminal history information to the general public, and they are very user-friendly and easy to navigate.
Trying to get a free criminal background check can be an extremely daunting task. The reason for this is. There is so much disinformation on the Internet regarding the subject.
Every place you luck you will see advertisements and links to click on that promise to give you a free criminal background check, but when you get to the ultimate destination you find that the criminal background check is actually going to cost you a little bit of money. This is for very good reason, maintaining and updating a database that is complete and accurate costs a lot of money and time.
There are however, ways that a person can do a do-it-yourself investigation and put together their own makeshift free criminal background check by using something that most people use every single day. What I’m talking about, is harnessing the power of search engines such as Google to get a free criminal background check that you’re looking for. Let’s face it, whenever we need any type of information usually the first place return is a place like Google and digging up old arrest records should be no different.
The process that goes into this is fairly simple. All your morning to do, is search for information regarding the person that you are investigating in the search engines. The tricky part is you’re going to want a conductor searches and a couple of different ways. You’ll want to search without quotation marks and with quotation marks. Also, when searching for the person’s name you want to make sure to at least try to search for the name and the format of last name first first name last. This is because a majority of legal records are listed in that way.
Some other information that is useful when using a search engine to obtain a free criminal background check would be the person’s address, Social Security number, birth date, or even an old address.
In instances where you are not successful getting the information you need to a search engine, a free criminal background check may not be possible. In these cases, you may have to resort to using a public records database in order to get the criminal background check that you want or need. There are several databases which offer criminal history information to the general public, and they are very user-friendly and easy to navigate.