Medicare Lien
When is a Lien Valid?
Have you ever been nearing the end of a case and been suddenly blindsided by a lien? It can happen, but why? Are all liens valid? Before diving into this topic, read our Lien Resolution 101 blog if you need a refresher on some of the terms we use. When is a Lien Valid?…
Read MoreLien 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 MoreMedicare Lien Reduced by Over $100,000 for Florida Plaintiff
The plaintiff in this case suffered multiple injuries including brain bleed and weight loss due to nursing home negligence. His treatments built up a total of $140,209 of Medicare liens. Medicare added other claims that it paid while the plaintiff was in the nursing home for his brain bleed and other injuries. John Buford,…
Read MoreMedicare Compliance for Plaintiff Attorneys
The federal government enacted the Medicare Secondary Payer Act in 1980. Since then, it has gone from a toothless idea to recoup money, to a convoluted beast affecting past and future medical payments in all settlements. What areas of the law are most concerning? Medicare Conditional Payments. Essentially, a “Conditional Payment Letter” from Medicare…
Read MorePlaintiff and Defense Cooperation in Medicare Liens
Most settlement agreements miss a vital series of terms that all defendants must report to the government. Those terms are used in Medicare’s Section 111 reporting. They include what date of incident is being reported to Medicare, a clear statement of the settlement amount being reported to Medicare, and injury codes being reported. Sure,…
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…
Read MoreMASSIVE 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…
Read MoreMAJ Lunch and Learn Q&A
MASSIVE COO and attorney, Ryan Weiner, Esq., recently presented to the Michigan Association for Justice on how Michigan’s No-Fault Reform impacts Medicare liens. Michigan’s no-fault has changed from always unlimited to various limits (including, for some drivers, unlimited). The following are questions Ryan received during that presentation and Ryan’s answers. Question: “CMS will…
Read MoreHow Many Files Can Medicare Open for One Lawsuit?
Most lien holders have one file for all of an individual plaintiff’s settlements. Medicare can have multiple for each of an individual plaintiff’s settlements. Medicare’s process has its roots in something called Section 111, or Mandatory Insurer Reporting. That law requires all defendants notify Medicare of payments they make, whether they are paying voluntarily…
Read More2022 Medicare Recovery Thresholds
CMS has announced Medicare lien minimum recovery thresholds for 2022 settlements. Those thresholds are unchanged for the sixth straight year. These minimum settlement amount recovery thresholds essentially create a safe harbor for the smallest of settlements (excluding settlements that include exposure-based injuries). You can find that CMS alert here. Here are some highlights: Plaintiffs…
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