Are you Resolving the Right Medicare Lien? 

There can be multiple Medicare liens for one personal injury event. Let that sink in.   We can acknowledge Medicare lien resolution is difficult enough, but how can there be multiple Medicare liens for one personal injury case? The Centers for Medicare and Medicaid Services (CMS) has created a complex system where different “debtors” look at different Medicare lien…

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Ethics in Lien Resolution Webinar

webinar

Please join MASSIVE for our webinar “Ethics in Lien Resolution: The Practical Guide to your Decisions” on Tuesday, September 15th at 1pm EDT.  We will be discussing how to navigate legal and ethical requirements that law firms face today when handling lien resolution for their clients. Our free webinar will provide you with tools to…

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Medicare Set-Asides in California

NEWS

California Applicant Attorneys Can Petition for Reimbursement for Costs Associated with Medicare Set-Asides (MSA). Specific language regarding reimbursement of an Medicare Set-Asides is found under Petition of Costs in Section 10545 (formerly section 10451.3): (a) Petition for costs is a petition seeking reimbursement of an expense or payment for service not allowable as a lien…

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Another Successful Lien Resolution!

lien resolution

A MASSIVE Lien Resolution Increases Settlement for Plaintiff MASSIVE increases settlement and reduced liens by $1,500,000 for a motorcycle rider from Nassau County, New York. The 19 year old plaintiff was involved in an accident near a bridge within an unmarked construction zone.  The case settled against the construction company for $4.8 million due to injuries…

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Michigan’s No-Fault Law and Health Insurance Liens

pip

Michigan’s new No-Fault PIP law creates a choice for all Michigan drivers. Any auto insurance policy effective after July 1, 2020 (new or renewed) allows drivers a choice of six coverage levels – each with a different lien resolution impact: $0 / Allowable Expenses Exclusion – This opt-out of PIP requires all household members to…

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Texas PI Firm Sued for Failure to Pay Medicare Lien

NEWS

The US Attorney’s Office has filed suit against another personal injury law firm for failing to pay a Medicare lien. Previous similar actions have been settled with firms in the northeast and Atlantic coast that ignored liens. This time, the law firm paid something to Medicare, but tried to reduce the lien using improper, non-administrative…

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Medicare Liens: The DOJ is watching

Medicare Liens are the responsibility of the plaintiff attorney and today, the DOJ is now proving that true as they are watching carefully.  The US Department of Justice announced various settlements with PI firms (all within the last 18 months) including:   $6,600 with Simon & Simon in Philadelphia $28,000 with Rosenbaum & Associates in…

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CMS Recovery Thresholds Create Safe Harbor

CMS has maintained Medicare lien minimum recovery thresholds for the fourth straight year. These minimum settlement amount recovery thresholds essentially create a safe harbor for the smallest of settlements (except if those settlements are exposure-based injuries). You can find that CMS alert here. Here are some highlights: Plaintiffs need not report settlements less than $750;…

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Trostle v. Centers for Medicare and Medicaid Services: Part III

Trostle v Medicare

Trostle v. Medicare Part III This is the third and final part in our case study on Trostle v. Centers for Medicare and Medicaid Services. We initially explained the underlying lawsuit, Medicare’s lien, and Mr. Trostle’s attempts to fight the lien arguing detrimental reliance in Part I. Then, we dove into the more recent case…

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