Hear what our attorneys are saying

27
Apr 2020

Medicare Set-Aside Prescription Drug Changes – Some Pills Are a Little Less Bitter

By Amy Bilton     

  For those of us who have been doing Medicare Set-Asides for over a decade, CMS’ pricing of prescription drugs has been a difficult pill to swallow.  Initially, we as an industry priced prescription drugs in a variety of ways: based on actual cost; using mail-order pharmacy prices; or sometimes even using prices from other
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27
Apr 2020

Get “Informed” About the New Consent to Release for Medicare Set-Asides

By Julie A. Garrison     

  Approval of Workers’ Compensation Medicare Set-Asides (WCMSA) by the Centers for Medicare and Medicaid Services (CMS) remains the “gold standard.”  WCMSA funds, first approved by CMS and then properly exhausted, guarantee Medicare will take over as primary payer for further treatment costs.  And while submission of a WCMSA to CMS for approval is voluntary,
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24
Apr 2020

Employer Groups Obtain TRO Against IWCC Emergency Rule

By Adam Cox     

  On April 21, 2020, the Illinois Manufacturers’ Association (IMA) and Illinois Retail Merchants Association (IRMA) filed case 2020 CH 000098 in the Circuit Court of Sangamon County. It consisted of a Verified Complaint and Motion for a Temporary Restraining Order (TRO) and Preliminary Injunction against the Illinois Workers’ Compensation Commission (IWCC) and the Chairman
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16
Apr 2020

COVID-19 Update: Emergency Paid Leave, FMLA Expansion and Workers’ Compensation

By Anne-Marie Foster     

  Effective April 1, 2020, the Families First Coronavirus Response Act (FFCRA) imposed new obligations on private sector employers with less than 500 employees and covered governmental employers to provide employees with paid leave related to the COVID-19 pandemic.  Broadly speaking, the new obligations include emergency paid sick leave and expanded paid Family and Medical
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15
Apr 2020

Take Two: Commission Issues New Modified Emergency Covid-19 Rule for First Responders and Front-Line Workers

By Christine Jagodzinski     

  On April 13, 2020, the Illinois Workers’ Compensation Commission created an emergency amendment to Rule 9030.70, expanding the Commission’s Rules of Evidence to include a rebuttable presumption for first responders and front-line workers exposed to COVID-19. The Illinois Administrative Procedure Act (IAPA) allows the use of emergency rulemaking in situations involving a “threat to
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