The Cleveland Metropolitan Bar Association’s 28th Annual Health Care Law Institute commences on Friday, April 27, 2012. DULAC, Inc., is pleased to be an exhibitor and to have the opportunity to be a sponsor of this program. We will also be an exhibitor at the CMBA seminar “Introduction to Health Care Law” on Thursday, April [...]

BAYFRONT PHYSICIAN INSURANCE SOLUTIONS LAUNCHES WEBSITE We are pleased to have been selected to provide medical malpractice claims administration for Bayfront Physician Insurance Solutions. A comprehensive and dynamic website for physicians has been launched by the program. It not only provides a user-friendly application process, but also features ongoing loss prevention and quality improvement information. [...]

The National Practitioner Data Bank (NPDB) publishes an extremely informative monthly newsletter. It typically contains helpful substantive and logistical information to assist medical malpractice claims administration programs with the NPDB reporting process. The April 2012 edition is headlined by the announcement of the first all-electronic installment of Data Bank News. The NPDB advises that it [...]

An important element of an overall medical malpractice claims administration program is the efficient and effective management of litigation costs while concurrently establishing a proactive approach to mitigating exposure. Alternative dispute resolution is key to this protocol, with binding arbitration an effective tool. We had the opportunity to discuss arbitration issues with Bryan Rotella, Esq., [...]

We are pleased to be a Sponsor of the 28th Annual Health Care Law Institute of the Cleveland Metropolitan Bar Association (CMBA). The seminar begins on the afternoon of April 26, 2012 with presentations on “Introduction to Health Care Law”. The full day program continues on April 27, 2012 with the Health Care Law Institute. [...]

An important element of an overall medical malpractice claims administration program is the efficient and effective management of litigation costs while concurrently establishing a proactive approach to mitigating exposure. Alternative dispute resolution is key to this protocol, with binding arbitration an effective method. We had the opportunity to discuss arbitration issues with Bryan Rotella, Esq., [...]

An important element of an overall medical malpractice claims administration program is the efficient and effective management of litigation costs while concurrently establishing a proactive approach to mitigating exposure. Alternative dispute resolution is key to this protocol, with binding arbitration an effective tool. We had the opportunity to discuss arbitration issues with Bryan Rotella, Esq., [...]

A member of outside defense counsel panel has informed us of a ruling by the District Court of Appeal of Florida, Fourth District, that states that a hospital can be held liable for the alleged negligence of an Emergency Department physician under a non-delegable duty theory. Counsel suggests that, “…the Court holds that in the [...]

The January 2012 newsletter of the National Practitioner Data Bank contains detailed information on upgraded reporting features. These features will streamline medical malpractice claims reporting protocols. In particular, the NPDB is in the process of implementing an electronic protocol for filing NPDB reports with the related state licensing entity. The NPDB advises that, One of [...]

Alternative dispute resolution affords parties in medical malpractice claims an opportunity for self-determination and efficiency in an amicable and confidential environment. We have participated in, and directed negotiations at, thousands of mediations, voluntary and mandatory settlement conferences, and informal settlement meetings. Formal mediation is an extraordinarily useful and productive element of this medical malpractice alternative [...]

Effective and credible claims administration requires not only substantive capabilities but also a logistical foundation. Management of files via electronic storage and administration has become an efficient and preferred methodology. One of the important considerations to establish, or accomplish transition to, electronic claims file management is the comprehensive electronic sorting of written materials. A myriad [...]

The Office of Public Information of the Supreme Court of Ohio published the following release on December 8, 2011: “Court Rules Expert Testimony Needed to Show Undisclosed Medical Risk Actually Caused Injury Where Patient Claims ‘Lack of Informed Consent’ to Medical Procedure Please note: Opinion summaries are prepared by the Office of Public Information for [...]

DULAC, Inc. is pleased to be an advertising sponsor of the Bar Journal of the Cleveland Metropolitan Bar Association. The November, 2011, issue features articles by various authors on class actions, federal pleading standards, and an introduction to the newly-formed Insurance Law Section. The latter is particularly apropos given the adoption by the Supreme Court [...]

During the course of its Town Hall Teleconference on November 16, 2011, a representative of CMS reiterated the importance of accurate reporting of applicable ICD-9 Codes on MMSEA Section 111 reports. He indicated that Responsible Reporting Entities (RREs) should only include injury codes that are related to the underlying claim that is the subject of [...]

Tampa, FL — November 8, 2011 DULAC, Inc. and RiskQual Technologies, Inc. announce the formation of a strategic partnership that provides innovative and advanced solutions to the risk management, claims administration, and MMSEA Section 111 issues that confront hospitals and health systems in an ever-evolving regulatory and compliance environment. The convergence of advanced data management [...]

In order to comply with the mandates of Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA), it is necessary for organizations that are subject to the Mandatory Insurer Requirements (MIR) to determine the manner in which the logistical aspects of reporting will be fulfilled.  An “Applicable Plan” of insurance (including [...]

Medicare Set-Aside Arrangements (MSA) and the reporting requirements of Section 111 of the Medicare, Medicaid, & SCHIP Extension Act of 2007 (MMSEA) are important elements of the Medicare Secondary Payer Statute as the Centers for Medicare and Medicaid Services (CMS) endeavors to achieve the long-term financial viability of the Medicare system.  CMS has required MSA for [...]

Legislation has been introduced in the U.S. House of Representatives pertaining to medical malpractice reform. The bill, H.R.5, Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 (Introduced in House – IH) addresses several areas of proposed change. Perhaps of particular interest to those professionals providing Medicare Set-Aside (MSA) and structured settlement consulting resources, [...]

MMSEA Section 111 reporting is an element of the larger concept of Medicare Secondary Payer (MSP), which, simply put, establishes an obligation on entities and persons to protect Medicare’s interests in resolving claims in which medical specials are claimed or released. Efforts by defendants in personal injury claims to deflect this obligation via release language [...]

With the obligation to file MMSEA Section 111 reports on claims involving TPOC’s (Total Payment Obligation to the Claimant; i.e., settlements) now merely months away, we speculate as to the manner in which CMS will substantiate another delay in reporting if (when?) such a delay is announced, and what the implications might be as far [...]