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Medicare (CMS) offering new fixed percentage subrogation option for settlements of less than $5,000

New Fixed Percentage Option For Medicare's Recovery Claim


The Centers for Medicare & Medicaid Services will be implementing a new and simple fixed percentage option that will be available to certain beneficiaries beginning November 7, 2011. This option is available to beneficiaries who receive certain types of liability insurance (including self-insurance) settlements of $5000 or less.

A beneficiary who elects this option will be able to resolve Medicare's recovery claim by paying Medicare 25% of his/her total liability insurance settlement instead of using the traditional recovery process. This means that a beneficiary will know what he/she owes and will be able to immediately pay Medicare.

In order to elect this option, the following criteria must be met:

  1. The liability insurance (including self-insurance) settlement is for a physical trauma based injury. (This means that it does not relate to ingestion, exposure, or medical implant), and
  2. The total liability settlement, judgment, award, or other payment is $5000 or less, and
  3. The beneficiary elects the option within the required timeframe and Medicare has not issued a demand letter or other request for reimbursement related to the incident, and
  4. The beneficiary has not received and does not expect to receive any other settlements, judgments, awards, or other payments related to the incident.

A full explanation, including instructions on how and when to elect this option, will be available on this website on November 7, 2011 in the Fixed Percentage Option section of both the Attorney and Beneficiary Toolkits.

Please Note:When a beneficiary elects this option, he/she must understand that as part of choosing the option he/she will be giving up the right to appeal the fixed payment amount or request a waiver of recovery for the fixed payment amount. 1.800.906.5984

North Carolina Supreme Court Historical Society: 20th Annual Meeting Thursday, October 27, 201


The North Carolina Supreme Court Historical Society invites you to attend the 20th Annual Meeting and Dinner on Thursday, October 27, 2011.  The dinner will be at the Carolina Country Club, 2500 Glenwood Avenue, in Raleigh, North Carolina.  The reception starts at 6:00 PM and dinner starts at 7:00 PM.  The speaker will be Scott A. Miskimon of Smith Anderson.


 To register, go to this web page: NC Supreme Court Historical Society was established in 1991 for the purpose of preserving the legal heritage of North Carolina. The Society‚Äôs sole purpose is to collect and preserve the history of the court, including attorneys and others who interact with the judicial system, as well as the cases that may be generated from those interactions. 1.800.906.5984