In the personal injury world, attorney referrals are common — but they also come with risk if Medicare is involved (or other lienholders). When Medicare is involved, as the referring attorney you need to make sure you have three things:
1) A written fee sharing agreement;
2) A copy of the lawyer’s malpractice insurance policy declarations and
3) Proof that the lawyer has engaged lien resolution experts to resolve Medicare Conditional Payment obligations or written assurance that the firm will resolve it compliantly.
When you refer out a case, you don’t refer away your responsibilities. It is possible that referring attorneys are held liable for unresolved liens — even after a case is completely handed off. Medicare is especially unforgiving. U.S. Attorney Robert K. Hurt put it bluntly: “Plaintiffs’ attorneys cannot refer a case… and simply wash their hands clean of their obligations to reimburse Medicare.”
Miss a Medicare lien? It could be on you as the referring attorney.
What are Best Practices to Protect Your Firm on Referred Cases with Liens?
To stay compliant and avoid liability — especially with Medicare liens — follow these five basic rules:
· Communicate Clearly: Referring attorneys should share all known or potential liens up front, including any Medicare involvement.
· Do Your Homework: Receiving attorneys must investigate and address all liens, complying with the Medicare Secondary Payer Act.
· Written Authorization: Secure client authorization before taking any lien-related actions.
· Work Together and Engage a Lien Resolution Partner: Coordinate on a timely, cost-effective lien resolution strategy.
· Keep Records: Document everything — communication, authorizations, and lien actions.
Is There a Technology Solution for Referrals that Protects Everyone?
YES! I recently spoke with Robert Simon on the Trial Lawyer View by Synergy podcast about such a technology!! Have you heard of Attorney Share? Attorney Share is the first AI-powered referral platform built for attorneys, by attorneys — and it’s transforming how firms manage case referrals. How does it change the game? It tracks referrals automatically! No more chasing status updates. You get real-time updates on every case you refer. Additionally, it protects you, your firm and the client. The Attorney Share integration tools help ensure lien issues, especially Medicare’s, don’t fall through the cracks. As a bonus, it helps monetize every opportunity, inbound or outbound — every referral becomes a potential revenue stream. Thousands of new cases are added monthly to Attorney Share. Lastly, and importantly, it is free to join, and Attorney share never takes a percentage of your referral fee.
Referrals Made Smarter. And Safer.
With Attorney Share, you’re not just sending cases into the void. You’re keeping visibility, control, and compliance — while also protecting yourself from the very real risk of lien-related liability.
Want to learn more about how to leverage Attorney Share? Visit https://www.attorneyshare.com/ for more information.
If you are looking for a lien resolution partner with an expert team to protect your firm from potential Medicare liability, learn more about synergy. by visiting https://partnerwithsynergy.com/liens/liens-we-handle/medicare/
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If you’re a personal injury lawyer ready to scale, streamline, or step into your role as CEO, let’s talk. Subscribe to the newsletter, join the Peak Practice community, and learn how Synergy can help you eliminate settlement bottlenecks, resolve complex liens, and maximize recoveries. Learn more here: https://partnerwithsynergy.com/peak-practice/
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