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?…

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Lien 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…

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Does an Insurance Company Automatically Have a Lien?

Does an Insurance Company Automatically Have a Lien?

Subrogation rights are rarely absolute. But the process can be convoluted as you figure out whether federal law or state law governs your case’s health insurance liens. From Medicare to private liens here are some of the potential scenarios:  Medicare → Federal law;  Medicaid → State law (that is directed by a federal law in…

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State Law and Plan Language: What to Look for in Lien Resolution

Lien resolution starts with either a series of laws (like Medicare liens and Medicaid liens) or relies on plan language (like Private liens, ERISA liens, and more). For private liens, there are tens of thousands of different plans based on different state laws and different contracts – or plan language.   If you know how…

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Anti-Subrogation: When Health Insurance has no Lien Right

Subrogation rights can be limited by state law. In fact, eight states are considered “Anti-Subrogation” states with one more effectively anti-subrogation. Those states are: Arizona  Connecticut  Kansas  Missouri  New Jersey  New York  North Carolina  Virginia  Georgia* – essentially anti-subrogation through a strong made whole doctrine that cannot be overridden by contract language    Most simply,…

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Stay Ahead of the Subrogation Curve

Mass tort lien resolution is complex and time-consuming. There are many steps to take before a lien becomes payable. Because it is easy for subrogation to fall behind, here are some tips to help your law firm stay on track.   Vulnerability to different forms of risk is real. Recognizing and responding to these areas…

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Private Liens: Reading Plan Language

Medicare liens are the same process and based on the same laws no matter where you are. Private liens? There are tens of thousands of different plans based on different laws and different contracts – or plan language. If you know how to read that language, you will save yourself incredible amounts of time.  …

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How’s Your Subrogation Game?

How do you evaluate your firm’s success in lien resolution? If the answer is “we don’t have that capability”, then you could be leading your firm toward unnecessary risk.   Sometimes risk isn’t easy to find. Learning the “ins and outs” from another perspective guarantees the opportunity to obtain a better result. Identifying and isolating…

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Everyone Wants a Trusted Partner

You can rely on MASSIVE. We guarantee our customers will not need to reduce fees due to MASSIVE communicating inaccurate dates, settlement amounts, disbursement amounts, and other procedural errors that result in your firm being unable to pay liens from the net settlement proceeds. We provide total transparency to our customers. The feedback we gather…

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You Measure How Much You Make, But Do You Measure How Much You Lose?

The average law firm loses a measurable amount of money each year from unprotected fees.   MASSIVE’s Fee Protection Guarantee TM 1 eliminates any worry our customers have about not collecting their full attorney fee in the event of:  Incorrect disbursement of settlement funds Communication of inaccurate dates  Procedural errors by MASSIVE  We guarantee that you will not need to reduce your attorney fee as a…

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