No Time Limits on Medicare Advantage Plans Private Cause of Action for Double Damages
March 2, 2020
The 11th Circuit Court of Appeals weighed in on the question of whether the Medicare statute, which provides a three-year timeline to the government to request repayment, applies to a private entity providing Medicare benefits (Medicare …
Hospital Liens: Factual and Legal Reduction Strategies
February 13, 2020
By: Michael Walrath
Some of the most frustrating and murky issues facing attorneys representing injured clients stem from alleged direct provider “liens” against settlement proceeds. The positions of various state bar associations on these issues, and the …
Resolution of Conditional Payments for Personal Injury Settlements
January 17, 2020
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC
Failure to Pay Equals Personal Liability
The government takes its reimbursement rights seriously and is willing to pursue trial lawyers who ignore Medicare’s interest. On March 18, 2019, the …
Publix Super Markets, Inc. v. Figareau et. al.
January 17, 2020
In Publix Super Markets, Inc. v. Figareau et. al., Case No. 8:19-cv-545, 2019 WL 6311160 (M.D. Fla. Nov. 25, 2019), the Court permitted an ERISA self-funded health plan’s equitable lien claim to attach to the plaintiff …
Handling Medical Liens in a Post-Montanile World, Tackle Head On
Teresa S. Kenyon
A fleeting memory of Montanile may have plaintiff attorneys encouraging injured parties to quickly spend their settlement funds thereby avoiding the lien asserted by their health plan. This would be a false narrative that could prove to …
Medicare Compliance, or else: A second law firm sued by DOJ for failing to be Medicare compliant
Jason D. Lazarus, J.D., LL.M., CSSC, MSCC
On March 18, 2019, the United States Attorney for the District of Maryland announced that the law firm of Meyers, Rodbell & Rosenbaum, P.A., has agreed to pay the United States $250,000 to …
Understanding the Mechanics of Subrogation
How subrogation and reimbursement claims impact the injury victim’s settlement.
When an individual suffers an injury and seeks medical attention, typically that care is paid for by an insurance carrier. Those bills might be paid by Medicare, Medicaid, TRICARE, or …
Is Your Law Firm Partnering With the Right Consultant for Lien Resolution Services?
There are a myriad of benefits when law firms outsource lien resolution services. Law firms that partner with a reliable, third-party consultant that specializes in resolving liens can enjoy the following benefits:
- Reduced Operating Costs: Time is money
Lien Existence & Ethics, Redefined
Some of the most frustrating and murky issues facing attorneys representing injured clients stem from alleged “liens” against settlement proceeds. The Florida Bar’s position on these issues, and the limited laws delineating them, have been ever-shifting and evolving.
Ethical Obligation
…Ignore Medicare’s recovery rights at your peril! Plaintiff firm settles with the U.S. Government for inadequately addressing and repaying Medicare Conditional Payments.
On June 18, 2018, the U.S. Department of Justice’s Attorney’s Office for the Eastern District of Pennsylvania announced a recently concluded settlement with a plaintiff firm involving the repayment of Medicare Conditional Payments. The government’s investigation arose under the Medicare …
