When a state Medicaid agency demands full reimbursement from a client’s settlement, federal law may not actually allow it. This post breaks down the federal mandate behind Medicaid’s third-party recovery rights, the anti-lien and anti-recovery statutes that limit them, and the two Supreme Court rulings, Ahlborn and Wos, that define how much of an injury victim’s recovery is truly protected.
The Peak Practice Newsletter helps trial lawyers scale, streamline, and accelerate their practices with expert insights on law firm operations, business growth, marketing, and lien resolution strategy.
The Peak Practice Newsletter helps trial lawyers scale, streamline, and accelerate their practices with expert insights on law firm operations, business growth, marketing, and lien resolution strategy.
ERISA reimbursement claims are framed as “equitable relief,” but for injured plaintiffs the results often feel anything but fair. This post traces four landmark Supreme Court decisions — Great-West, Sereboff, McCutchen, and Montanile — to explain how plan language can override traditional equitable doctrines like made-whole and common-fund, and what personal injury attorneys need to investigate before paying or contesting a reimbursement demand.
Understand Medicare conditional payment resolution, MSP compliance requirements, and practical strategies that help personal injury professionals protect client recoveries and maximize settlement outcomes.
The Peak Practice Newsletter helps trial lawyers scale, streamline, and accelerate their practices with expert insights on law firm operations, business growth, marketing, and lien resolution strategy.
Understand Medicaid lien resolution, federal anti-lien protections, and reduction strategies that help personal injury professionals protect client recoveries and maximize settlement outcomes.
The Peak Practice Newsletter helps trial lawyers scale, streamline, and accelerate their practices with expert insights on law firm operations, business growth, marketing, and lien resolution strategy.
Understand Medicaid lien resolution, federal anti-lien protections, and reduction strategies that help personal injury professionals protect client recoveries and maximize settlement outcomes.