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 May Be 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: The Why & Ethical Issues
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 …
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 …
What Should You Do About Possible Health Insurance Liens?
August 12, 2021
When handling a third-party liability case and you know your client had health insurance that paid the medical expenses, should you check to see if there is a lien interest on the settlement funds? …
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 …
