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 …
Teresa Kenyon on TLV Podcast
In Episode 16 of Trial Lawyer View, TLV host and Synergy CEO Jason D. Lazarus had an insightful conversation with Teresa Kenyon, Director of Lien Resolution Services at Synergy Settlement Services. The episode focused on Teresa’s journey …
Hospital “Liens” vs. “Debts”: A Distinction with a BIG Difference
May 13, 2021
Introduction
Plaintiffs’ lawyers largely understand settlement proceeds which are subject to a claim of lien must be protected in trust, even against the client’s interests or wishes. An attorney may not serve as the …
Hospital Liens Carry Ethical and Legal Obligations
April 22, 2021
Michael D. Walrath, Esq.
Direct provider “liens” against settlement proceeds have teeth, whether hospital or physician liens, statutory or contractual. The various positions of state bar associations on these issues, and the limited law delineating them, have …
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 …
Why Was the Ahlborn Case Such a Significant Victory for Injury Victims?
October 20, 2020
Heidi Ahlborn was injured in a very serious car accident in January of 1996. At the time, she was a nineteen-year-old college student pursuing a degree in teaching. She suffered a catastrophic brain injury that left her …
What are Your ERISA Plan’s Recovery Rights?
October 7, 2020
Most, if not all, ERISA health insurance plans state that injuries caused by a liable third party are not a covered expense and require reimbursement when a plan pays for injury-related medical expenses (often referred to as …
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 …
