Abrams Fensterman's Blog

Burden of proof is key in every legal proceeding. The attorney needs to know who has the burden of proof and what is the burden of proof. In a criminal proceeding, for example, the state has the burden of proving that the defendant is guilty beyond a reasonable doubt. So what is the burden of proof at a Medicaid Managed Care Fair Hearing, and who has to meet that burden of proof?

What is the easiest way to win a Fair Hearing? Avoid having the hearing heard in the first place. While this may sound easier said than done, a knowledgeable attorney can actually get many Fair Hearings dismissed on procedural grounds.

Whether you’re a managed care plan or a nursing home provider, collecting a patient’s Net Available Monthly Income ("NAMI") debt or excess income ("spend-down") can be a constant struggle. You are plagued with questions. Where are those income checks going? Who is accessing them? How are they being spent? What steps can I take to have the checks applied to the patient’s cost of care?