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RESOLVING MEDICARE ADVANTAGE, PRESCRIPTION DRUG PLAN, VETERANS ADMINISTRATION, TRICARE AND WELFARE LIENS IN PERSONAL INJURY CASES

by Thomas D. Begley, Jr., CELA Medicare Advantage and Prescription Drug Plans Medicare Part C, commonly known as Medicare Advantage, is a Medicare substitute program operated by private health insurance companies as a managed care plan. Medicare Part D similarly provides prescription coverage to eligible beneficiaries through private insurance plans. To the extent a reimbursement…

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RESOLVING MENTAL HEALTH LIENS, TRAUMATIC BRAIN INJURY FUND LIENS, CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND LIENS IN PERSONAL INJURY CASES

by Thomas D. Begley, Jr., CELA   Mental Health Liens In New Jersey, a person with a mental illness who is over age 18 and is being treated in a state psychiatric hospital shall be liable for the full cost of his treatment, maintenance, and all necessary related expenses.[1] Although this statute does include a…

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RESOLVING HOSPITAL, CHILD SUPPORT AND DIVISION OF DEVELOPMENTAL DISABILITIES LIENS IN PERSONAL INJURY CASES

by Thomas D. Begley, Jr., CELA   Hospital Liens Generally, every hospital, nursing home, licensed physician, or dentist may assert a lien for services rendered by way of treatment, care, or maintenance to any person who has sustained personal injuries in an accident as a result of negligence or alleged negligence of any other person.[1]…

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RESOLVING FEDERAL EMPLOYEE HEALTH BENEFIT ACT AND FEDERAL MEDICAL CARE RECOVERY ACT LIENS IN PERSONAL INJURY CASES

by Thomas D. Begley, Jr., CELA   Federal Employee Health Benefit Act The Federal Employee Health Benefit Act (FEHBA) provides group health insurance for federal employees.[1] Although there is no statutory right of subrogation or reimbursement, FEHBA contains a preemption provision under which the terms of insurance contracts issued by its private carriers purportedly preempts…

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