The rumor mill is spinning that effective July 1, 2009, Medicare Set-Aside (MSA) trusts are required for liability litigation as is already required in worker’s compensation. (Reimbursement by a plaintiff for previously paid benefits to Medicare is unchanged by the new law.) Although federal research is not my strong suit, I can’t find any support for this proposition.
My best guess is that this rumor started because of the new § 111 reporting requirements included in the Medicare, Medicaid & SCHIP Act of 2007. (Public Law 111-173). Section 111 provisions are reporting requirements and do not mention any need for MSAs in liability cases. This new law simply requires those paying for judgments to report to Medicare payments of settlements, awards, judgments, or other payments.
An argument is being posited that the previous law still in effect already requires MSAs in personal-injury cases for future medical expenses. (Medicare Secondary Payer Act). I cannot find any clear authority supporting that proposition.
Chicago Area
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July 13, 2009 |
Practice News
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July 13, 2009 |
Member Services
A Glimpse at Illinois Lawyer Finder Referrals
The ISBA's Illinois Lawyer Finder phone service provides referrals to local lawyers Mondays through Fridays and in a number of areas of law. For the month of May 2009, ISBA helped 588* people in need of legal services find lawyers in the following areas:- administrative law (5)
- animal law (3)
- bankruptcy (18)
- business law (11)
- civil disputes (67)
- civil rights (12)
- collection (15)
- consumer protection (12)
- contracts (6)
- criminal law (50)
- education law (12)
- elder law (2)
- employment law (73)
- estate/probate law (18)
- family (103)
- government benefits (4)
- health law (2)
- immigration (1)
- insurance disputes (5)
- intellectual property (6)
- miscellaneous (1)
- municipal law (12)
- personal injury (78)
- real estate (47)
- social security (3)
- tax (10)
- workers compensation (12)
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July 10, 2009 |
People
[caption id="attachment_2071" align="alignright" width="150" caption="Amy Gardner"][/caption] ISBA Member Amy M. Gardner was re-elected President of the University of Chicago Alumni Club of Chicago at its officer elections June 22. Ms. Gardner is a 2002 graduate of the University of Chicago Law School. The Club is made up of the 46,000 alumni and friends of the University of Chicago who reside in the Chicago area. Gardner is a commercial and IP litigator at Ungaretti & Harris LLP.
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July 10, 2009
Central Illinois
- Woman who allegedly failed to return child to mother faces kidnapping charge, Decatur Herald & Review
Chicago area
- New judge to hear call for Bianchi probe, Daily Herald
- First lawsuit filed against Burr Oak cemetery, Chicago Tribune
- Highland Park man accused of aiding alleged Ponzi scheme, Chicago Tribune
- State targets cemetery license over grave scandal, State Journal-Register
- End near for Schaumburg red-light cameras, Daily Herald
- Webio co-founder Hernandez indicted for Ponzi scheme, Chicago Sun-Times
- Biedermann will await all-or-nothing verdict, Daily Herald
- Jail moves cemetery defendants to special section, Chicago Tribune
Northern Illinois
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July 9, 2009 |
Events
The American Constitution Society held its "Sixth Annual Supreme Court Term in Review" Thursday afternoon at Mayer Brown LLP, 71 S. Wacker, Chicago. The panel consisted of Jeffrey W. Sarles, Partner, Mayer Brown; Gary Feinerman, Partner, Sidley Austin LLP and former Solicitor General of Illinois; Colleen Connell, Executive Director of the ACLU of Illinois; and Steven J. Heyman, Professor, Chicago-Kent College of Law. The panel was moderated by Steve Sanders, an Associate at Mayor Brown.
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July 9, 2009 |
People
[caption id="attachment_1994" align="alignright" width="150" caption="Gerald Snyder Jr."][/caption] Waukegan attorney and longtime Illinois State Bar Association member called a tireless advocate for children. He was a partner in the firm of Snyder, Clarke and Fouts.
From the Daily Herald:
Law partner Jim Fouts said Snyder took a personal interest in his clients.
"There were times where a woman wouldn't be able to afford a lawyer and Gerry would pay," Fouts said. "There were times when these people needed a place to stay and Gerry would put them up in a motel. He had an unending compassion for children."
Click here to read the full story -
July 9, 2009
Nation
- Sotomayor hearings witness list released, RealClearPolitics
Central Illinois
- Illinois regulators sign off on planned pipeline, State Journal-Register
- Preliminary hearing for Barrington continued until July 23, State Journal-Register
- Journal Star columnist pleads guilty in battery case, Peoria Journal Star
- Audio on home surveillance tapes could lead to felony charge - for owner, Bloomington Pantagraph
- Old McLean County Courthouse bells silent after "hiccup", Bloomington Pantagraph
Chicago area
- Citadel Investment Group sues former workers, Crain's
- Acquitted teacher suing Schaumburg police, Daily Herald
- 4 charged in stripping graves at cemetery, Chicago Sun-Times
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July 8, 2009 |
Practice News
As Helen Gunnarsson will report in more detail in the August Illinois Bar Journal, a fresh burden for lawyers is on the horizon, and the ABA, ISBA, and other bar associations are objecting on their members’ behalf. Effective August 1, a new FTC rule will oblige most lawyers to develop written protocols to detect and address the “red flags” of identity theft. As the ABA says in its statement about the rule, applying it to lawyers “would impose an undue burden on law firms, especially solo practitioners, and would accomplish very little.” Rockford lawyer J. Joseph McCoy summarizes the rule and its implications for lawyers nicely in his article “FACTA’s ‘Red Flags’ Rule May Apply To Law Firms,” which appears in the June 2009 issue of the ABA’s GP/Solo Technology eReport. The general FTC site has a helpful page consolidating its Red Flags Rule resources.
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July 8, 2009 |
Practice News
In part because of the steadfast efforts of Sen. Richard J. Durbin, $10 million was included in the Senate CJS Appropriations bill for the John R. Justice Prosecutor and Defender Incentive Act. This loan forgiveness program requires balance in awards between prosecutors and public defenders and equitable distribution across the states. This is less than the full $25 million authorized, but it's unusual for a new program to get full funding. It now goes to a joint House-Senate conference committee for final markup.
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July 8, 2009 |
People
[caption id="attachment_1919" align="alignright" width="150" caption="Jane Waller"][/caption] Jane Waller has joined Schiller DuCanto & Fleck LLP in the firm's Lake Forest office after a judicial career of almost 28 years in the Circuit Court of Lake County. She was the first female judge in Lake County. During her years on the bench, Ms. Waller served a term as the Chief Judge of the Circuit and for 10 years she served as the Chief Presiding Judge of the Family Court. Ms. Waller received her undergraduate degree, cum laude, from Trinity College in Washington, DC. She holds a Masters in Teaching degree from Northwestern University and a Law degree, with honors, from the University of Illinois College of Law. She is a member of the Illinois Chapter of the Order of the Coif. She has attended courses at the National Judicial College and she has taken training in mediation and other alternative dispute resolution methods. Schiller DuCanto & Fleck LLP a family law firm that works with clients to solve problems and to achieve the best possible results. It is the largest law firm in the country focusing exclusively on family law. Illinois Lawyer Now is happy to announce transitions for ISBA members. Please include name, position, law firm, practice areas, education information and former employer. A head shot in the JPG file format may also be included. Send information to cbonjean@isba.org