Do You Report to a Potential Lienholder?

When an attorney begins her case, the law firm has (hopefully) already asked the plaintiff about his health insurance. The attorney then asks herself; I need to tell this health insurance it may have a “lien” right? Here’s how to make that decision.   First, recall that the term lien is generally a misnomer. Take…

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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…

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Does 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…

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Private Liens Significantly Reduced for Michigan Plaintiff

MASSIVE reduced two large private insurance liens totaling $519,785 down to $15,000 for a Michigan plaintiff. This was a medical malpractice case that resulted in a 44-year-old man having all his limbs amputated due to the negligence of his treating doctors.   MASSIVE worked aggressively to get the claims reduced significantly due to the injuries…

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MASSIVE Completely Resolves Medicare Lien for Connecticut Plaintiff

A Connecticut man received a delayed diagnosis of parotid cancer. This is an aggressive form of cancer and can be terminal. However, if caught early, life expectancy can be prolonged with early intervention.   MASSIVE’s experts established that the treatment on his lien was medically necessary for the plaintiff’s cancer care and would have occurred…

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Special Challenges in Managing Large Mass Tort Cases

Special Challenges in Managing Large Mass Tort Cases

Mass tort lien resolution can be an extensive process; however, you or the lien resolution administrator can take some significant steps to reduce the challenge. To start, you want to be prepared and get started early.   Before the claims administrator approves allocations for each plaintiff, the lien resolution administrator can establish global resolution programs…

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Does an Insurance Company Automatically Have a Lien?

Does an Insurance Company Automatically Have a Lien?

Subrogation rights are rarely absolute. But the process can be convoluted as you figure out whether federal law or state law governs your case’s health insurance liens. From Medicare to private liens here are some of the potential scenarios:  Medicare → Federal law;  Medicaid → State law (that is directed by a federal law in…

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State Law and Plan Language: What to Look for in Lien Resolution

Lien resolution starts with either a series of laws (like Medicare liens and Medicaid liens) or relies on plan language (like Private liens, ERISA liens, and more). For private liens, there are tens of thousands of different plans based on different state laws and different contracts – or plan language.   If you know how…

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MAJ’s Virtual Lunch and Learn, Featuring MASSIVE’s COO Ryan Weiner Tomorrow on January 26, 2022

Grab your laptop and lunch and join MASSIVE’s COO, Ryan Weiner tomorrow at 11:30 a.m. ET as he discusses how to handle Michigan’s No-Fault Reform.    If you’re a Michigan attorney and wondering how to properly investigate and resolve the many insurance liens possible with the PIP structure, then you won’t want to miss MAJ’s virtual Lunch and Learn.     Register today and we’ll see you tomorrow! 

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Anti-Subrogation: When Health Insurance has no Lien Right

Subrogation rights can be limited by state law. In fact, eight states are considered “Anti-Subrogation” states with one more effectively anti-subrogation. Those states are: Arizona  Connecticut  Kansas  Missouri  New Jersey  New York  North Carolina  Virginia  Georgia* – essentially anti-subrogation through a strong made whole doctrine that cannot be overridden by contract language    Most simply,…

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