Medicare Can Recover Payment for Any Alleged Injuries

Anderson v. Burwell gives us another example of Medicare’s powerful abilities to recover Medicare liens (or more accurately, Medicare Conditional Payments). The U.S. District Court for the Eastern District of Michigan, Southern Division, decided on March 3, 2016 that any care claimed as related to negligence is recoverable by Medicare. That recoverability is not earth-shattering,…

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The Consequences of Ignoring Medicare Advantage Liens

Attorneys are individually liable to Medicare if they receive a settlement or payment on behalf of a Medicare beneficiary. US v. Harris, 2009 US Dist. LEXIS 23956 (N.D. W. Va. 2009). It’s that simple: make sure Medicare gets repaid for its lien. If you don’t: they can come after you. A new case in a…

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ERISA, ERISA, ERISA!

In lien resolution (or subrogation, or reimbursement) ERISA means nothing.  Let’s get that out of the way.  Health plans can scream “ERISA!” at the top of their lungs.  It still means nothing. This is an issue we run into often.  I like the way this ERISA lien case was handled, so I will share a…

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Lien vs. Subrogation – A Primer

Most people don’t know the difference between a lien, subrogation rights, and rights of reimbursement. Those who do know the difference often don’t care. For instance, even our industry refers to a Medicare lien; however, Medicare does not (technically) put liens on your cases. Medicare liens are actually Medicare-rights-to-reimbursement and subrogation rights. But that’s a…

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Massive Launches New Lien Resolution Website

Massive is pleased to announce the launch of our new website! Completely redesigned and updated, the new website offers all the information plaintiff attorneys need regarding lien resolution. Please check out our expanded sections on Medicare, Medicaid, ERISA, VA, Tricare and all Private Health Insurance. We also have a comprehensive Frequently Asked Questions section to answer…

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