Medicare Blog

an attorney who specializes in medicaid, medicare, commissions, sales reps, contracts

by Miss Syble Schamberger Published 2 years ago Updated 1 year ago

Do elder law attorneys provide Medicaid planning services?

Not all elder law attorneys provide Medicaid planning services and not all Medicaid planners are elder law attorneys. It is important to find a lawyer or non-attorney, professional Medicaid planner that specializes in this area and is familiar with state law.

What does a Medicaid lawyer do?

Medicaid attorneys play a large role in both the Medicaid application process, as well as planning for Medicaid eligibility. Medicaid lawyers, first and foremost, are able to assist Medicaid applicants with the application process, such as filling out the paperwork, providing supporting documentation, and filing the application.

Do you need a health & health care lawyer?

If you, as a patient, have issues related to Medicare & medicaid, medical bills, access to care, medical record confidentiality, consent to medical treatment, a health & health care law attorney can help.

Do I need a lawyer or a Medicaid planner?

It is important to find a lawyer or non-attorney, professional Medicaid planner that specializes in this area and is familiar with state law. What Medicaid Attorneys Do? Medicaid attorneys play a large role in both the Medicaid application process, as well as planning for Medicaid eligibility.

What is a demand letter for Medicare?

This letter includes: 1) a summary of conditional payments made by Medicare; 2) the total demand amount; 3) information on applicable waiver and administrative appeal rights. For additional information about the demand process and repaying Medicare, please click the Reimbursing Medicare link.

Can Medicare pay conditionally?

If the item or service is reimbursable under Medicare rules, Medicare may pay conditionally, subject to later recovery if there is a subsequent settlement, judgment, award, or other payment. In situations such as this, the beneficiary may choose to hire an attorney to help them recover damages.

Number One

The first way in which in attorney can represent an out-of-state client is because most Medicaid and Medicare provider appeals must be brought before Administrative Court. In North Carolina, our Administrative Court is called the Office of Administrative Hearings (OAH). OAH is the administrative agency for the Judicial Branch.

Number Two

Very few states require administrative attorneys to have the State Bar license in which they are practicing. For those few States that do require a State Bar license, even for administrative actions, the second alternative to hire an attorney out-of-state is for the attorney to pro hac into that State.

Number Three

Thirdly, is by hiring local counsel. Some cases need to be escalated to federal or state court, and, in these instances, a Bar license in the state in which the case is being pursued is necessary.

Cost

The first scenario – in which I represent a out-of-state client in Administrative Court, and do not need to hire local counsel or to get my pro hac, is the cheapest method for clients. As an aside, I spoke with an attorney from a bigger city yesterday and was amazed at his or her billable rates. Apparently, I’m steal.

Medicare Appeals Process

With a current backlog of 700,000 claims, it is important to pick the right representative to ensure that your claim does not fall through the cracks in the system.

Medicare Hearings and Appeals

The Office of Medicare Hearing and Appeals (OMHA) is a division of the U.S. Department of Health & Human Services (HHS), and is the administrative law division responsible overseeing appeals of QIC decisions.

Our National Health Care Attorneys Have the Experience That Matters for Medicare Provider Appeals

Our attorneys assist providers nationally with reimbursement denial re-considerations, administrative hearings, and other regulatory and criminal violations. We also assist with compliance issues, self-audits and health care fraud allegations.

What is agent broker compensation?

Below is a link to a file containing the amounts that companies pay independent agents/brokers to sell their Medicare drug and health plans. Companies that contract with Medicare to provide health care coverage or prescription drugs typically use agents/brokers to sell their Medicare plans to Medicare beneficiaries.

What happens to a broker if they don't comply with Medicare?

Agents/brokers are subject to rigorous oversight by their contracted health or drug plans and face the risk of loss of licensure with their State and termination with their contracted health or drug plans if they don't comply with strict rules related to selling to and enrolling Medicare beneficiar ies in Medicare plans.

Do brokers have to be licensed in the state they do business in?

Agents/brokers must be licensed in the State in which they do business, annually complete training and pass a test on their knowledge of Medicare and health and prescription drug plans, and follow all Medicare marketing rules.

What is Medicare marketing?

Marketing on behalf of a plan is considered marketing by the plan and requires that ALL contracted and employed agents comply with all Medicare marketing rules. You work for a company that has marketed Medigap products for many years.

Does CMS require corrective action plan?

CMS requires plan sponsors to create and complete a corrective action plan and may terminate a sponsor's contract. You have set up an appointment for an in-home sales presentation with Mrs. Fowler, who expressed interest in the Medicare plans you represent.

Is WEISS a Medicare Part A or B?

WEISS is entitled to Part A and has medical coverage w/o drug coverage through an employer retiree plan. She is not enrolled in Part B.

Who is Quinn in CMS?

QUINN is a marketing representative who markets an MA plan. He is a very good speaker and was asked to make a presentation at a local event that was advertised as education.

Can you make unsolicited calls to Medicare?

Third parties may NOT make unsolicited calls, visits, or emails to Medica re beneficiaries in order to set up such appointments, or for any other reason related to the marketing of MA or Part D plans. ... You market many different types of insurance and ordinarily you spend time each evening calling potential clients.

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