Important Information for Resolving Liens in Asbestos Cases. Asbestos Exposure cases are unique when it comes to lien resolution because of factors that are unlike any other type of litigation. Unlike a pharmaceutical case where the illness develops within a 1-3 year period, most asbestos-related diseases are diagnosed decades after the initial exposure. By the time Mesothelioma or Asbestosis are detected, the claimant is usually a retiree. In managing an Asbestos caseload, it is important to know what the lien obligations are, especially when dealing with multiple defendants. Origin of exposure, military service, dates of exposure, and whether the exposure is from a primary or secondary source are all important factors that impact the resolution of health insurance liens. Due to the 15 – 40 year latency period for the development of Mesothelioma, and 10 – 20 year latency period for Asbestosis, most asbestos claimants are over the age of 65. Many claimants receive Medicare, Medicaid, and VA health care benefits. It is important to know the recovery rights of these insurers before going forward with your case. Here are a few important facts regarding lien resolution in Asbestos cases:
- The Department of Veterans Affairs (VA) has determined that if Asbestos related illness can be proven to be directly related to exposure during military duty or service, they VA will not assert their right of recovery against the VA beneficiary. Many Naval servicemen were exposed to asbestos through their work on ships, shipyards, and through building materials during the early to mid 1900s.
- Medicare has determined that in Asbestos cases, a lien will be asserted in settlements where the last date of exposure is on or after December 5, 1980. It is imperative that the work/exposure history is reviewed before resolving the Medicare lien.
- Under the new MMSEA guidelines, in cases where there are multiple defendants, Medicare requires that the RRE (Responsible Reporting Entities) for each defendant report the settlement to Medicare, regardless of any agreements by any one defendant to pay any outstanding obligations.
Synergy’s lien resolution gropu has developed resolution processes specifically for the Asbestos community. For more information about our resolution services and project case management, please contact Synergy at (877)907-5436, or firstname.lastname@example.org.