Hospital Liens and the Reasonable Value of Care
June 9, 2022
The “reasonable value” of healthcare is an issue that weaves throughout our entire system. Even so, there’s no concrete definition of what exactly is “reasonable value”. Dr. Gerard Anderson of Johns Hopkins University School …
Is the PAID Act the Solution for Locating Hidden Medicare Advantage Liens?
April 14, 2022
It is well established that Medicare has a right of reimbursement for payments it made on behalf of a Medicare beneficiary when that beneficiary obtains a settlement from a responsible party. Medicare’s right …
ERISA Plan Denied Temporary Restraining Order, No Imminent Harm
December 6, 2021
In HMS Holdings LLC v Ted A Greve & Associates P.A. et al, 2021 WL 5163308, an ERISA self-funded health plan was denied a temporary restraining order (TRO) on settlement funds. The court …
Preparing for the ERISA Lien Battle
February 11, 2021
The dreaded ERISA lien. The vendors representing ERISA self-funded health plans’ interests certainly want you to believe that it must be reimbursed in full. They will cite the US Airways v McCutchen case, tell …
Greater Understanding for More Effective ERISA Lien Negotiation
August 13, 2020
By: Teresa Kenyon
Medical liens or reimbursement demands are generally an unwelcomed part of the whole recovery process for personal injury attorneys. It’s the case after the case. The target is always moving and there is a …
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 …
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 …
