Medicare Lien
Another Successful 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…
Read MoreMichigan’s No-Fault Law and Health Insurance Liens
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…
Read MoreTexas PI Firm Sued for Failure to Pay Medicare Lien
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…
Read MoreMedicare Reimbursement: What Happens When You Overpay Medicare?
In a personal injury lawsuit, there is a health insurance carrier responsible for health care bills. If your client is covered by Medicare at the time of your injury you must report the injury to Medicare and your client will likely owe them for part of that care. If you happen to overpay Medicare during…
Read MoreMedicare 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…
Read MoreCMS 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;…
Read MoreTrostle v. Centers for Medicare and Medicaid Services: Part III
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…
Read MoreTrostle v. Centers for Medicare and Medicaid Services: Part II
Trostle v. Medicare: Part II Previously, we wrote about and analyzed Trostle v. Centers for Medicare and Medicaid Services. Following dismissal for lack of jurisdiction, this Medicare lien litigation continued with a counter-suit by the United States government. Part II of our case study will explore errors made that caused the government to react with…
Read MoreTrostle v. Centers for Medicare and Medicaid Services: Part I
Trostle v. Medicare Part I What happens when a personal injury attorney skips out on the Medicare lien resolution process that CMS has set out? Apparently CMS sues the attorney. That’s what happened to a Pennsylvania personal injury law firm, even while they held the total Medicare lien in trust. Here’s the story –…
Read MoreOur Medicare Relationships Added Thousands to a Client’s Settlement
Shelsby & Leoni has trusted MASSIVE with their medical malpractice cases since 2014. Recently, MASSIVE discovered a deceased plaintiff had two files open with Medicare. This is a common mistake, but a complicated one because it stems from plaintiff and defense disagreeing on the injury date. MASSIVE utilized our close relationships with Medicare…
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