What Gives Hospitals and Government Health Benefit Plans the Right to Recover

March 9, 2023
Introduction
Navigating the complex world of healthcare liens can be overwhelming, especially for cases involving military personnel, Veterans, Medicaid recipients and the uninsured who need hospital care. However, understanding the intricacies of programs like …
What Gives Health Care Plans The Right To Recover?

January 12, 2023
Dealing with medical liens is the dreaded case after the case for most personal injury attorneys. As a personal injury attorney, you’ve worked hard to prove the tortfeasor has liability for the damages incurred …
Personal Injury Attorney Sued by ERISA Plan for Funds in Attorney’s Possession

September 8, 2022
Kevin James, Esq.
Who can be a defendant in an action brought under Section 502(a)(3) of ERISA?
ERISA self-funded plans are becoming more and more aggressive about asserting their reimbursement rights when one of their members has …
Outsourcing of Lien Resolution for Personal Injury Law Firms

August 1, 2022
By Jason D. Lazarus, J.D., LL.M., MSCC
You might ask yourself, why hire experts to assist with lien resolution when I can do it myself. You also might ask whether it is ethically permissible to outsource lien …
Gallardo v. Marstiller: Medicaid Liens-Undoing of Ahlborn

Jason D. Lazarus, J.D., LL.M., CSSC, MSCC
June 9, 2022
On June 6th, 2022, the United States Supreme Court decided in a 7-2 decision to allow Florida Medicaid, pursuant to Section 409.910 of the Florida Statutes, to recover its lien …
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 …