May 13, 2021 Michael Walrath, Esq. 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 “sole arbiter” of a lien dispute, take it upon herself or himself to decide the…

April 22, 2021 Michael D. Walrath, Esq. Direct provider “liens” against settlement proceeds have teeth, whether hospital or physician liens, statutory or contractual. The various positions of state bar associations on these issues, and the limited law delineating them, have historically been ever shifting and evolving but two things are clear. Liens must be released…

February 11, 2021 Teresa Kenyon, Esq. The dreaded ERISA lien. The vendors representing ERISA self-funded health plans’ interests certainly want you to believe that it must be reimbursed in full. They will cite the US Airways v McCutchen case, tell you that they are not subject to equitable doctrines, and, therefore, do not have to…

October 20, 2020 Heidi Ahlborn was injured in a very serious car accident in January of 1996. At the time, she was a nineteen-year-old college student pursuing a degree in teaching. She suffered a catastrophic brain injury that left her incapable of finishing college and unable to care for or support herself in the future….

August 13, 2020 By: Teresa Kenyon Medical liens or reimbursement demands are generally an unwelcomed part of the whole recovery process for personal injury attorneys.  It’s the case after the case. The target is always moving and there is a lot of information to process and laws to apply. This is generally not the chore…

March 2, 2020 The 11th Circuit Court of Appeals weighed in on the question of whether the Medicare statute, which provides a three-year timeline to the government to request repayment, applies to a private entity providing Medicare benefits (Medicare Advantage plans). The Court’s answer is that the claims filing provision does not bar a claim…

February 13, 2020 By: Michael Walrath Some of the most frustrating and murky issues facing attorneys representing injured clients stem from alleged direct provider “liens” against settlement proceeds. The positions of various state bar associations on these issues, and the limited law delineating them, have historically been ever-shifting and evolving. Ethical Obligation to Protect Liens…

January 17, 2020 By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC Failure to Pay Equals Personal Liability The government takes its reimbursement rights seriously and is willing to pursue trial lawyers who ignore Medicare’s interest.  On March 18, 2019, the United States Attorney for the District of Maryland announced that a Maryland personal injury law…

January 17, 2020 In Publix Super Markets, Inc. v. Figareau et. al., Case No. 8:19-cv-545, 2019 WL 6311160 (M.D. Fla. Nov. 25, 2019), the Court permitted an ERISA self-funded health plan’s equitable lien claim to attach to the plaintiff attorney. This case is further evidence that using Synergy Settlement’s Lien Resolution service can be essential to…

Teresa S. Kenyon A fleeting memory of Montanile may have plaintiff attorneys encouraging injured parties to quickly spend their settlement funds thereby avoiding the lien asserted by their health plan. This would be a false narrative that could prove to be costly. No doubt about it, ERISA self-funded plan rights are often unyielding. But overall,…

Jason D. Lazarus, J.D., LL.M., CSSC, MSCC On March 18, 2019, the United States Attorney for the District of Maryland announced that the law firm of Meyers, Rodbell & Rosenbaum, P.A., has agreed to pay the United States $250,000 to settle claims that it did not reimburse Medicare for payments made on behalf of a…

How subrogation and reimbursement claims impact the injury victim’s settlement. When an individual suffers an injury and seeks medical attention, typically that care is paid for by an insurance carrier. Those bills might be paid by Medicare, Medicaid, TRICARE, or a plan provided through their employer. This is true even if the injury suffered was…

There are a myriad of benefits when law firms outsource lien resolution services. Law firms that partner with a reliable, third-party consultant that specializes in resolving liens can enjoy the following benefits: Reduced Operating Costs: Time is money and law firms improve their bottom line by outsourcing time-consuming tasks to experienced professionals.    Effective Results:…

Some of the most frustrating and murky issues facing attorneys representing injured clients stem from alleged “liens” against settlement proceeds. The Florida Bar’s position on these issues, and the limited laws delineating them, have been ever-shifting and evolving. Ethical Obligation to Protect Liens One constant in this otherwise uncertain area, is this: Attorneys representing injured…

Michael Walrath, J.D. Plaintiff lawyers and injury victims are often required to resolve hospital liens and debts which arise from an injury caused by the negligence of another. These hospital charges attach to a plaintiff’s settlement proceeds in most states.[1] Most state statutes or county ordinances limit hospital liens to reasonable charges but fail to…