Category: Lien Resolution

Medicaid liens often arise in personal injury cases where the injured party is indigent, and the program has covered the client’s medical expenses. Under federal law, Medicaid programs must recover these expenses from third-party settlements. However, the process is governed

When representing injury victims, trial lawyers often find themselves navigating the murky waters of ERISA self-funded plans. A recurring and increasingly problematic issue is the use of reimbursement agreements. Some ERISA plans will refuse to pay claims until the

For personal injury firms, lien resolution is one of the most time-consuming and risk-heavy aspects of personal injury practice. Every lien has the potential to cut into your client’s net recovery and expose your firm to liability if mistakes are

Navigating ERISA liens can be a daunting task, given the complexity of the Employee Retirement Income Security Act (ERISA) and its impact on self-insured health plan reimbursement. Although a comprehensive exploration of ERISA is beyond this blog, understanding some key

Personal injury law firms live in the courtroom. Their core focus is proving causation, liability, and damages not negotiating with Medicare, ERISA plans, or hospital billing departments. Yet, as every law firm knows, cases don’t truly end at settlement. They

In our previous blog, we tackled the Medicare conditional payment resolution process. However, if your client, during treatment for their injuries, switched to a Medicare Advantage Plan (MAO-Part C), the resolution process might not be over. Here’s why: While you

Personal injury firms excel at what they were built to do: securing justice by proving liability, telling their client’s story, and getting the best possible settlement or verdict. Yet once the dust settles, another challenge arises, resolving liens.

Here’s the

Correctly navigating Medicare’s conditional payment resolution process is critical for personal injury attorneys, given the complex legal framework and the substantial risks involved in failure to reimburse. Under the Medicare Secondary Payer Act (MSPA), the Centers for Medicare & Medicaid

When a hard-fought personal injury case is resolved, trial lawyers and their clients often breathe a sigh of relief. The hard work is over or so it seems. But lurking beneath the surface of every settlement is a potential minefield:

When personal injury lawyers hear ERISA, they may think of “troubling” case law like McCutchen. But what is most important when it comes to resolution of an ERISA lien?  ERISA plan language! And depending on the plan language,