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: 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
…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 …
TOP 50 MOST UNREASONABLE HOSPITAL LIENS
Increasingly trial attorneys are discovering that settlement of a personal injury or wrongful death claim with the tortfeasor can be the beginning not the end of negotiations or even litigation. Once settlement funds are received, the often-protracted lien resolution process …
Medicare Lien Surprise: Don’t Ever Rely on a Conditional Payment Letter
An intriguing case, Mayo v NYU Langone Med. Ctr., just came out of the Supreme Court of New York, reminding the trial bar that when resolving a conditional payment for a Medicare beneficiary only the “Final Demand” letter is final. …
Ahlborn is Alive & Well
Since the landmark decision by the US Supreme Court in Arkansas Department of Health and Human Services v. Ahlborn in 2006, state Medicaid agencies have grappled with how to recover monies spent for injury related care through their third party …
Limitations on Hospital/Provider Liens When the Plaintiff is on Medicare
One of the most difficult issues trial counsel must resolve involves addressing hospitals/providers liens for Medicare clients. Recently the Centers for Medicare and Medicaid Services (CMS), via the Medicare Learning Network (MLN), released policy memo SE17018 which provides excellent and …
