Med Lien Solutions Presenting at ATLAS Lawyers Seminar

Med Lien Solutions is a very proud supporter of ATLAS and we are excited to be presenting at the ATLAS Lawyers Legal Seminar February 21-23, 2018 in Miami, FL!

 

Managing Partner Todd Franklin will be addressing the topics “Streamlining Lien Subrogation and Medicare Set-Asides: The Ripple Effects Felt by the Plaintiff.” This presentation will be full of valuable information for anyone looking for better results with lien resolution issues. We will also be discussing what to look for regarding WCMSAs/LMSAs and the tools we offer to help increase settlement values.

Med Lien Solutions is the country’s most accurate and reliable lien resolution company, quickly resolving healthcare liens with MedicareMedicaidPrivate Insurance, ERISAMilitary and VA. Our expertise ensures injured plaintiffs net the highest recovery, and there is no upfront cost.

Not attending but would like to discover how to streamline your lien resolution? Give us a call at (844) MED LIEN or (844) 633-5436 to speak with our expert team or send us an email at info@mymedlien.com!

Ahlborn is Back – Retroactively. What it Means.

Nearly every trial lawyer association has put out an alert by now: “Ahlborn is back!” “Permanent & Retroactive Ahlborn ‘Fix’” “Ahlborn… Resurrected?!” You get it. We get it. Everybody gets it. Ahlborn, it’s a thing again.

But what does that mean for you?

First – a quick history. The Ahlborn case involved the plaintiff arguing that Arkansas Medicaid recipient could only recover the portion of her settlement that represents payment for past medical expenses. Arkansas Medicaid disagreed. But the Eastern District of Arkansas, Eight Circuit Court of Appeals, and Supreme Court of the United States all supported the plaintiff’s argument. Arkansas Medicaid was forced to accept 16.5% of the settlement as that was the portion representing past medical expenses.

Then, the 2013 Bipartisan Budget Act (“BBA”) overturned that decision. It granted Medicaid programs full reimbursement from all portions of the settlement. That provision was delayed multiple times until October 2017. Finally, the budget deal reached last week “permanently” stopped that provision. The holding in Ahlborn is law again.

Okay, Ahlborn is law. Meaning…?

Ahlborn is law means that Medicaid programs nationwide are restricted from assuming 100% of the proceeds are for past medical expenses. This means fair apportionment is necessary. Consider the ideas that Medicare cases like Benson v. Sebelius and Taransky v. Secretary of HHS tell us. You cannot simply say that your case did not include past medicals. Another analysis went to the Supreme Court in 2013: Wos v. E.M.A. That North Carolina case held against NC Medicaid’s irrebuttable statutory presumption that one-third of any tort recovery is attributable to medical expenses. North Carolina’s problem was two-fold: first, the assumption that one-third of a settlement is for medical expenses is dangerous on its own, and, second, that a plaintiff cannot even argue the one-third is wrong for his or her case.

How does this change status quo?

We believe state laws that set a limitation like North Carolina’s one-third or Michigan’s half of net are acceptable under Ahlborn so long as they are rebuttable.

We also believe that utilizing Ahlborn to its fullest advantages is not as simple as writing down percentages. You have to be ready to prove those percentages in a hearing. Medicaid programs will be aggressive – especially in larger cases. You may need future medical cost projections, lost wages (past and future) projections, pain and suffering projections, and past medical expense analyses.

Those past medical expense analyses can be broken down further to show out-of-pocket expenses, non-Medicaid payments, etc. so that even the portion of your case that is for past medicals may not be recoverable by Medicaid. There are many different ways to set up an Ahlborn Allocation. Just make sure to have your proof.

If you need help reducing Medicaid liens consider utilizing an expert service. For help with Medicaid Liens, Medicare Liens and any other Health Insurance Lien , please contact us at (844) MED LIEN or (844) 633-5436.

CRC Transition Begins Today (February 7, 2018)

Please remember Medicare liens for what it considers No-Fault and Workers’ Compensation files may not change for a few days. Performant Recovery, Inc. officially takes over tomorrow, February 8, 2018; however, CGI is handing off all data beginning today, February 7, 2018. All CRC files will re-start processing (mail, faxes, etc.) on Monday, February 12, 2018.

Medicare liens for liability files will continue processing as normal with the BCRC.

CRC Transition Days – February 7 – 9, 2018

As we’ve previously discussed, Medicare’s CRC contractor is changing from CGI to Performant Recovery, Inc. on February 8, 2018. The CRC is having three days of what it is calling it’s, “Dark Days” from February 7 thru 9, 2018. What does this mean?

Medicare No-Fault and Workers’ Compensation files will be accessible, but, no additional processing will take place for three days. That’s it. Performant indicated it will be fully operational as the CRC contractor on Monday, February 12, 2018.

Medicare liens for liability files will remain with the BCRC and its contractor, Emblem Health. Plaintiff attorneys will be mostly unaffected during the “Dark Days” while defense attorneys and insurance adjusters may experience some Medicare lien hiccups.

If you would like to speak to a Medicare expert give us a call at (844) MED LIEN or (844) 633-5436.

CMS’s New Medicare Set-Aside Contractor

CMS can finally move forward with its new Medicare Set-Aside (“MSA”) contractor. While that contract was awarded in September, two organizations challenged that award arguing that CMS “unreasonably failed to permit offerors to make oral presentations and failed to conduct discussions.” More interesting, Arch Systems, LLC argued that the agency “failed to reasonably evaluate the realism” of the winning bid’s proposed price. See the full report here.

CMS’s evaluation of the three bids in question shows the extreme price differences and just how “realistic” each price is compared to the others:

 

 

 

 

 

 

 

Interestingly, we wrote in September that the contract is much larger than the previous MSA review contract. That is true. Admittedly, we missed an important point: The MSA industry has grown. Industry consensus is that 360,000 MSAs will be submitted to CMS over the life of this $60,759,236.00 contract. That’s $165 per case.

$165/case does not seem realistic to us either.

Nonetheless, CMS declared on December 12, 2017 that Capitol Bridge, LLC will take over as the MSA review contractor. Arch system’s $112 Million dollar bid was simply too high for CMS to agree. Now we can get back to our other questions: Will CMS finally put out guidance regarding Liability MSAs?

If you are uncertain as to whether you need an MSA for any case please consider an MSA Opinion letter drafted by one of our MLS attorneys. If you would like to consult with a Medicare expert, give us a call at 844.MED.LIEN (844.633.5436).

New CMS Contractor Coming February 2018

The Centers for Medicare & Medicaid Services (CMS) has announced that a new Commercial Repayment Center (CRC) Contractor, Performant Recovery, Inc. will take over CRC duties on February 8, 2018. Performant will assume responsibility for conditional payment recoveries from no-fault insurers and workers’ compensation entities.

CMS will be presenting webinars on the transition on January 17th and 18th, 2018. A representative from Med Lien Solutions will monitor these transition webinars and we will post details letting you know of any important pieces of the transition. Remember – this transition does not affect the BCRC and Liability files.

If you need help reducing Medicare liens consider utilizing an expert service. For help with Medicare LiensMedicaid Liens and any other Health Insurance Lien , please contact us at (844) MED LIEN or (844) 633-5436.

 

 

Join MLS for a Lien Resolution CLE Presentation

Ahmad Zeki, Director of Business Development at Med Lien Solutions, will be presenting to the Inland Counties Association of Paralegals on Wednesday, January 17, 2018. The topic is ‘Lien Resolution and Future Medicals: The Ever-changing World of Liens & Future Medicals and How to Deal with Them.’

Dealing with lien claims management is frustrating and tedious. Each lien requires verification, negotiation and resolution, with a multitude of specific steps necessary to achieve the best possible result. Future Medicals, including Medicare Set-Asides and Medical Cost Projections also require a specific game plan to ensure necessity, fund allocation and compliance. Please join us for an informative session to explore proven methods required to ensure success in each case. Approved for Continuing Legal Education credit by the State Bar of California.

Med Lien Solutions is the country’s most accurate and reliable lien resolution company, quickly resolving healthcare liens with MedicareMedicaidPrivate Insurance, ERISAMilitary and VA. Our expertise ensures injured plaintiffs net the highest recovery, and there is no upfront cost.

Not attending but would like to discover how to successfully resolve liens and future medicals? Contact Ahmad Zeki at 916-295-0071 or via email at Ahmad@MyMedLien.com to discuss your needs and how to save both time and money!

 

Med Lien Solutions Supports the M&L Winter Legal Forum

Med Lien Solutions Managing Partner Todd Franklin will be attending the M&L Winter Legal Forum Marketing conference January 10-13, 2018 in Costa Rica! As long time supporters of M&L, we are excited to contribute to this collaborative group dedicated to success.

Med Lien Solutions is the country’s most accurate and reliable lien resolution company, quickly resolving healthcare liens with MedicareMedicaidPrivate Insurance, ERISAMilitary and VA. Our expertise ensures injured plaintiffs net the highest recovery, and there is no upfront cost.

Call us today to discuss your lien resolution needs at 844 MED LIEN (844-633-5436). It is easy to get started with Med Lien Solutions – let us save you time and money by removing the frustrating lien resolution process from your workflow.

Happy New Year!

Happy New Year!

 

Wishing you the very best in 2018!

Warmest Wishes,

Med Lien Solutions