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To Outsource or Not? Deciding Which Liens Require Expert Help

For personal injury firms, lien resolution is one of the most time-consuming and risk-heavy aspects of personal injury practice. Every lien has the potential to cut into your client’s net recovery and expose your firm to liability if mistakes are

Effective ERISA Lien Reduction Strategies

Navigating ERISA liens can be a daunting task, given the complexity of the Employee Retirement Income Security Act (ERISA) and its impact on self-insured health plan reimbursement. Although a comprehensive exploration of ERISA is beyond this blog, understanding some key

The Ethics of Outsourcing Lien Resolution: What to Know

Personal injury law firms live in the courtroom. Their core focus is proving causation, liability, and damages not negotiating with Medicare, ERISA plans, or hospital billing departments. Yet, as every law firm knows, cases don’t truly end at settlement. They

Medicare Advantage Plans: Resolving the Hidden Lien

In our previous blog, we tackled the Medicare conditional payment resolution process. However, if your client, during treatment for their injuries, switched to a Medicare Advantage Plan (MAO-Part C), the resolution process might not be over. Here’s why: While you

Why Lien Resolution Isn’t Your Firm’s Core Competency—and Why Outsourcing Matters

Personal injury firms excel at what they were built to do: securing justice by proving liability, telling their client’s story, and getting the best possible settlement or verdict. Yet once the dust settles, another challenge arises, resolving liens.

Here’s the

Resolving Medicare Conditional Payment Obligations

Correctly navigating Medicare’s conditional payment resolution process is critical for personal injury attorneys, given the complex legal framework and the substantial risks involved in failure to reimburse. Under the Medicare Secondary Payer Act (MSPA), the Centers for Medicare & Medicaid

The Hidden Cost of Post-Resolution Lien Chaos—and Why Trial Lawyers Can’t Afford to Ignore It

When a hard-fought personal injury case is resolved, trial lawyers and their clients often breathe a sigh of relief. The hard work is over or so it seems. But lurking beneath the surface of every settlement is a potential minefield:

Why ERISA Plan Language Is the Hidden Battlefield in Lien Resolution

July Blog - Teresa Kenyon

When personal injury lawyers hear ERISA, they may think of “troubling” case law like McCutchen. But what is most important when it comes to resolution of an ERISA lien?  ERISA plan language! And depending on the plan language,

Navigating ERISA Plan Subrogation and Reimbursement: Strategies for Reductions

Strategy

Navigating the intricacies of subrogation and reimbursement for ERISA-governed health plans demands a comprehensive understanding of statutory frameworks, plan documentation, and pertinent case law. Attorneys representing clients facing such liens must employ meticulous strategies to effectively negotiate reductions. Reducing these …

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