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A.B. v. Division of Medical Assistance and Health Services et al.
Since the Medicaid Act prohibits the State from treating an actuarially sound commercial annuity as an available resource of the community spouse, the State may not require that it be named as the remainder beneficiary of such an annuity; the denial of A.B.'s application for Medicaid benefits because her husband refused to name the State as first remainder beneficiary on his actuarially sound commercial annuity, which had been purchased solely to provide him an income stream, is reversed.State v. Haltom Medical Investors LLC
Looking at Texas Health and Safety Code �242.070's objectives, a similar provision in the health and safety code, and the interpretation and application of the term by DHS, these factors support the conclusion that the understanding of the term "assess" without more cannot simply mean to determine.Coordinating Workers' Comp, Social Security and Private Disability Benefits
The terms of a workers' compensation settlement can have a huge effect on the amount of a claimant's future Social Security benefits and private disability benefits. A claimant's future medical expenses covered by Medicare can also be affected by the settlement. Coordinating these benefits is the key to maximizing recovery.NYC Health and Hosp. Corp. v. WellCare of New York Inc.
Federal Question Jurisdiction Over Medicare Payment Contract Breach Suit Is SupportedFour Firms Advise on Takeda's $13.7 Billion Nycomed Buy
Freshfields Bruckhaus Deringer, White & Case, CMS Cameron McKenna and Edwards Angell Palmer & Dodge are advising on the Japanese pharmaceuticals company's acquisition of its Swiss rival, The AmLaw Daily reports.The Once and Future King: UK Firm Elects Familiar Face
Camerons Hires Securities Lawyer for International Capital Markets Launch
CMS Cameron McKenna has launched an international capital markets group to span 13 offices with the hire of Simmons & Simmons U.S. securities partner Daniel Winterfeldt, who will join the firm in February. Winterfeldt is the first U.S.-qualified securities lawyer at Camerons.CMS Advises Li Ka-shing Group on Dutch Acquisition
Four entities owned by the Hong Kong tycoon are jointly paying $1.25 billion for Dutch waste management company AVR.Section 317 Trusts Are an Alternative to Medicare Set-Aside Proposals
One of the most challenging aspects of settling workers' compensation claims is getting approval of set-aside proposals for Medicare-eligible claimants. In some cases, the inability to obtain a timely approval has ruptured settlements or seriously altered terms to the detriment of insurers and injured workers alike, says Daniel V. DiLoretto. With that in mind, he offers an alternative course of action.N.J. False Claims Act Not Retroactive, Appeals Court Says
New Jersey's False Claims Act can't be used to sue over conduct that took place before its 2008 effective date, a state appeals court ruled Tuesday in a precedential decision.Trending Stories
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