This program will examine New York State Social Services Law 104-b and set forth best practices guidelines for dealing with Medicaid agencies and their third-party recovery agency Health Management Systems, Inc. (HMS). It will review extensive case law, both before and after Ahlborn. The panel will specially address the following: * The attorney's obligations relative to serving the Notice of Commencement pursuant to CPLR 306(c) * Recovery from Those Discovered to Have Property - Social Services Law 104 * The application and interpretation of the "lien" provisions of Social Services Law 104-b in the context of Social Services Law 367 and 369, the federal Anti-Lien Statute, federal "anti-recovery statute" and the federal "forced assignment statute" * The essential steps required to be taken by the Medicaid agency as a prerequisite to the enforcement of the lien * The claim by the Medicaid agency to recovery of "capitation payments" * The U.S. Supreme Court's decisions in Ahlborn and Wos v. E.M.A., and their prohibitions * CMS and NYS memoranda * Claims against the Estate

Seminar Information
Seminar Date:
September 17, 2019
What You Need to Know About NYS Social Services Law 104-b
Speaker Information
Paul Barden   [ view bio ]
Paul Isaac   [ view bio ]
Individual topic purchase: Selected
Monroe County Bar Center for Education
Professional Practice Credits: 2.00
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