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Lien Resolution 101
A good percentage of people in the legal industry are unfamiliar with the term “Lien” or “Lien Resolution”. Throwing in “Rights of Reimbursement” and “Subrogation Rights” can further muddy the waters. Let’s break down these terms and clarify the process. Lien: A lien is money owed to a third party for a debt. After…
Read MoreDoes Bankruptcy Affect Liens?
While Johnson and Johnson’s Talcum Powder Bankruptcy has apparently failed (as of January 30, 2023), many other bankruptcy and personal injury/mass tort cases remain. What does that mean for liens and subrogation? Not much. First, remember that when we use the term “lien,” we are using an adopted, legally incomplete term. We’re generally…
Read MoreGetting MORE from QSF Admin and Lien Resolution
This guest post was written by Milestone, a qualified settlement fund administration firm that offers in-house, comprehensive settlement planning to trial lawyers and plaintiffs. Below, the Milestone team explains the power attorneys have in selecting the right lien resolution administrator and qualified settlement fund administrator. Large litigation is complex from day one, and it…
Read MoreMedicare Liens in Workers’ Compensation
Medicare’s process in Workers’ Compensation is generally misunderstood. The best solution? Remember that Medicare will attempt to collect from any source and any settlement. Medicare will open files relating to a Workers’ Compensation injury in the following manner: Recovery from the carrier. This file is via the Commercial Repayment Center (“CRC”). We can call…
Read MoreWhy Private Insurance isn’t a Replacement for MSAs
Medicare Set-Asides (MSAs) are not required by law. Rather, MSAs are designed to prevent Medicare from paying for case-related care after a settlement. But wait, doesn’t other insurance prevent Medicare from paying for that future medical care too? It does. If it will pay. Many health insurance plans will not cover case-related care…
Read MoreConnecticut Medicaid Lien Withdrawn Due to MASSIVE’s Persistence
MASSIVE’s determination helped a plaintiff with their Connecticut Medicaid lien. After reviewing the product liability mass tort case, our experts disputed the $47,429.95 lien and were ultimately successful in extinguishing the lien completely. The firm was pleased with the results and the plaintiff was happy to be able to take home his full net…
Read MoreMedicare Set-Asides: How Do You Know Your MSA is Enough?
Medicare Set-Asides (“MSAs”) are not a legally required tool. But they have significant value in protecting funds that will pay for an injured-person’s post-settlement, future medical care. These funds are necessary because 42 USC 1395y makes it illegal for Medicare to cover that medical care. But how can you be certain your MSA is enough?…
Read MoreWhat the Law Says About MSAs
Medicare Set-Asides are never discussed in any United States’ statute. Even the term “protect Medicare’s interest” isn’t in the Medicare Secondary Payer Act. That term comes from a 2005 “Q&A Memorandum” from CMS. So, what does the law say? 42 USC 1395y(b)(2)(A) states that Medicare may not make payment for case-related care if…
Read MoreMallinckrodt Opioid Bankruptcy Trust: What Claimants Can Expect
MASSIVE has been selected as the exclusive lien resolution administrator for the Mallinckrodt Bankruptcy Trust’s PI Claimant Trust. If your law firm has claimants recovering from that trust, here’s what you can expect from MASSIVE: Medicare, TriCare, VA, and Indian Health Services’ claims have been settled via an agreement with the Department of Justice.…
Read MorePlay by the Rules with Medicare Liens
The US Department of Justice is suing law firms who do not pay their clients’ Medicare liens. Medicare is diligently monitoring firms to make sure their liens are reimbursed fully and timely. There are many examples of Medicare notifying the US Department of Justice when their liens have been ignored. The results are the…
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