Posts Tagged ‘Medicare super lien’
US Attorneys Prove Ignoring Medicare Is Expensive
Medicare compliance should be a part of every injury firm’s business plan. Need proof? Take a look at this press release from the US Attorney’s Office for the Eastern District of Pennsylvania. Want more proof? Read the settlement agreement between the US Attorney and Philadelphia personal injury law firm Rosenbaum & Associates for nine unpaid…
Read MoreWrongful Death Cases: Can Medicare Still Have its Superlien?
We received this question directly from a plaintiff last week (who also happens to be a practicing attorney): Can Medicare claim its reimbursement right where the case is only a Wrongful Death action? Answer: Maybe. Three Medicare cases help us get to the analysis. First there was Bradley v. Sebelius (621 F.3d 1330, 11th Cir.…
Read MoreMedicare Liens Are Limited
Two weeks ago, a California District Court ruled that Medicare can only seek reimbursement for items and services related to the underlying claim. Logical? Sure. But there’s more to it! First, the Court took on Medicare’s combination of ICD-9 or ICD-10 codes into one payment. Second, the Court reminded us all that Medicare’s claim is…
Read MoreMedicare 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 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 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…
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