Right of Reimbursement
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,…
Read MoreThe 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…
Read MoreUtah State Bar Opinion Allows Outsourcing Lien Resolution Cost to Plaintiffs
Did you know that your law firm doesn’t have to pay for a lien resolution service? According to the Utah State Bar (among others), a lien resolution service may be outsourced and treated as a client cost. See Utah State Bar Ethics Opinion Number 14-01 (January 2014). The State Bar said: It is ethical for…
Read MoreMisconceptions: It’s Not a Valid Lien Unless They Put Me on Notice
Misconceptions: It’s Not a Valid “Lien” Unless They Put Me on Notice The most troubling “liens” are the ones that come up unexpected. But why do liens come up without warning? For starters, we have to remind you that we all use the term lien loosely. Most of the time we are not dealing with…
Read MoreERISA, 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…
Read MoreLien 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…
Read MoreMassive 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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