Med Lien Solutions Supports the M&L Summer Legal Forum

Med Lien Solutions  will be attending the M&L Summer Legal Forum Marketing conference July 18-22, 2018 in Jackson Hole, Wyoming! As long time supporters of M&L, we are excited to share our lien resolution expertise and 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.

US Attorneys Prove Ignoring Medicare Is Expensive

Medicare compliance should be a part of every injury firm’s business plan. Need proof? Take a look at this press release from the US Attorney’s Office for the Eastern District of Pennsylvania. Want more proof? Read the settlement agreement between the US Attorney and Philadelphia personal injury law firm Rosenbaum & Associates for nine unpaid Medicare liens.

The agreement covers payment for nine plaintiffs’ liens that Rosenbaum failed to pay. In it, the principal attorney agrees to pay $28,000 to settle the unpaid liens and to build a process to make certain he pays liens in the future. This is the highest profile case of a plaintiff attorney being penalized for unpaid Medicare liens since US v. Harris in 2009.

The US Attorney happens to lay ground work for how to create a simple, effective lien resolution protocol in your office. Under the terms of the settlement agreement, Rosenbaum personally agreed to:

  1. Designate a person at the firm responsible for paying Medicare secondary payer debts;
  2. Train the designated employee to ensure that the firm pays these debts on a timely basis; and,
  3. Review any outstanding debts with the designated employee at least every six months to ensure compliance.

The above three-step plan is a simple one, yet, the US Attorney’s Office believes so strongly in it, it posted the plan in its press release of the settlement agreement. Finally, Rosenbaum acknowledged in the settlement agreement that failure to submit timely repayment of a Medicare lien may result in liability for the wrongful retention of a government overpayment under the False Claims Act. Penalties under the False Claims Act are triple damages.

All of this means that Rosenbaum is lucky he didn’t pay $84,000 to settle these Medicare lien debts.

We urge you to put a plan in place to resolve Medicare liens and any health insurance liens. A good plan requires workflows, standard procedures, and overview. In the end, a good plan will actually save you money. In the alternative, we are happy to help you with our proven lien resolution plans to keep you off of the US Attorney’s radar. Call us at 844.MED.LIEN (844.633.5436) for more information!

Join Us at the AAJ Convention in Denver, CO!

American Association for Justice Convention

DENVER JULY 7-10, 2018

Going to the AAJ Annual Convention in Denver, CO July 7-10, 2018? We would love to meet up and share our lien resolution expertise with you!

As a long-time, proud supporter of the AAJ, Med Lien Solutions is excited to be exhibiting in Denver.

We are the country’s fastest and most accurate lien resolution company, quickly resolving injured plaintiffs healthcare liens with Medicare, Medicaid, Private Insurance, ERISA, Military and VA. We save firms time by removing the frustrating lien resolution process.

MLS also delivers outstanding lien reductions, ensuring clients net the highest recovery. There are no upfront costs!

Give us a call at 844.MED.LIEN (844.633.5436) or stop by booth #616 for free giveaways and information! Our exceptional lien resolution results will greatly benefit you, your firm and your clients.

Discover why Better Lien Resolution Matters.

Medicare & Wrongful Death: How an Illinois Plaintiff Got it Wrong

A November 2017 decision out of the US District Court in the Northern District of Illinois gives us a very clear case study in how not to use Wrongful Death laws to avoid Medicare liens. Paraskevas v. Price was decided on November 26, 2017. The Court found that Medicare was entitled to its full claim ($253,546.73 reduced to $105,000.00 by the Medicare Appeals Council) even though the plaintiff’s family settled the decedent’s case as only a Wrongful Death action. Why?

It wasn’t true.

Mistake #1 – Including a Survival Claim for Medicals

The Paraskevas case is an example of lien resolution trying to take advantage of state law. It started as both a Wrongful Death and a Survival action in Illinois. That Illinois Survival Act includes provisions that allow a plaintiff to collect for medicals. So, the plaintiffs’ complaint included a demand for medicals. This was mistake number one.

Mistake #2 – Circumventing the “Merits” to Remove the Survival Claim

Then, the plaintiffs settled their late-father’s case. It was after settlement when they also decided to file an amended complaint removing the Survival claims while keeping only the Wrongful Death claims. This was mistake number two.

The two mistakes were enough to allow the Court to find that Medicare is entitled to its full Medicare Lien. We’ve previously discussed matters like Benson v. Sebelius and Taransky v. Sebelius which set these rules (Medicare is entitled to is lien unless you do not claim or release medicals).

Mistake #3 – Failing to Argue the Lien is Unrelated

We don’t know if the plaintiffs made these arguments, but, the lien is that significant that we question it. What did the plaintiffs fail to argue? That much of this was preexisting. The case began as a failure to timely diagnose cancer, which the plaintiff already was going to have to fight cancer. Perhaps these preexisting arguments were made, but, perhaps not.

We recognize it is difficult and often dangerous to argue a case is just a Wrongful Death action. Nevertheless, it is important to properly resolve the Medicare lien and understand what kind of delays are involved with the various appeals.

We encourage you to ask for help in Medicare lien resolution from an expert source. To discuss your lien resolution needs, call Med Lien Solutions today at 844.MED.LIEN (844.633.5436) or send us an email at info@mymedlien.com.

Wrongful Death Cases: Can Medicare Still Have its Superlien?

We received this question directly from a plaintiff last week (who also happens to be a practicing attorney): Can Medicare claim its reimbursement right where the case is only a Wrongful Death action?

Answer: Maybe.

Three Medicare cases help us get to the analysis. First there was Bradley v. Sebelius (621 F.3d 1330, 11th Cir. 2010). Bradley involved a settlement under the Florida Wrongful Death Statute for $52,000.00 where Medicare claimed a $22,480.89 lien (after reduction pursuant to 42 CFR 411.37). This case ended with a reduction to $787.50 under the premise that Medicare was only entitled to the percentage of settlement for medical payments.

The second case is Benson v. Sebelius (771 F.Supp.2d 68, DC Dist. 2011). Benson involved a settlement under the Pennsylvania Wrongful Death and Survivor laws. This case differed from Bradley because the plaintiff expressly claimed medical costs in her complaint (whereas Bradley was settled without a complaint). Medicare was entitled to its full amount in this case.

Third is Taransky v. Sec. of US Dept. of Health & Human Servs. (760 F.3d 307, 3rd Cir. 2014). Taransky involves the New Jersey Collateral Source Statute that says a plaintiff cannot recover where she has already received funding from a different source (e.g., health insurance). While Taransky is significantly more complex than the other cases, it does give one additional piece of the puzzle: the plaintiff released all claims (including medical).

These three cases give us a theoretical three factor test:

  1. Does the underlying claim allow for medical expenses?
  2. Did the plaintiff claim medical expenses at any point?
  3. Did the plaintiff release medical expenses (including a general release)?

Number three creates a problem because many settlement releases release “any and all claims.” Yet, it also can be distinguished using number one: if you cannot claim medical expenses by law, then your general release could not have released what you could not claim.

It is important to properly resolve the Medicare lien. We encourage you to ask for help in Medicare lien resolution from an expert source. To discuss your lien resolution needs, call Med Lien Solutions today at 844.MED.LIEN (844.633.5436) or send us an email at info@mymedlien.com.

Happy Memorial Day!

Wishing you all a Happy Memorial Day! With respect, honor and gratitude to all who serve and have served this great country, we thank you sincerely.

Med Lien Supports the Michigan Association for Justice Annual Convention

Med Lien Solutions is a long time supporter of the Michigan Association for Justice, and we are excited to be exhibiting at the Annual Convention May 11-12, 2018!

Med Lien Solutions is the country’s most accurate and reliable lien resolution company. We resolve liens with Medicare, Medicaid, Private Insurance, ERISA, Military and VA.

We save firms time by removing the frustrating lien resolution process. MLS also delivers outstanding lien reductions, ensuring clients net the highest recovery.

Give us a call at 844 MED LIEN (844-633-5436) or stop by our booth for free giveaways and information! Our exceptional lien resolution results will greatly benefit you, your firm and your clients.

Discover why Better Lien Resolution Matters. We hope to see you at the conference!

 

Med Lien Solutions Exhibiting at Mass Torts Made Perfect

Med Lien Solutions proudly supports the Mass Torts Made Perfect conference and we are excited to exhibit in Las Vegas April 11-13, 2018!

Better Lien Resolution Matters when resolving mass tort health care liens for your injured plaintiffs with Medicare, Medicaid, Private Insurance, Military and VA. Our expertise ensures your clients net the highest recovery, and the liens are resolved quickly.

We will be also be presenting the Don Worley Havana Nights party at the Wynn Intrigue Nightclub on April 11th from 3-6pm!

Don’t hesitate to reach out with any questions and be sure to stop by our booth (Foyer Booth #1) if attending the conference. We would love to discuss your lien resolution needs and how we will help save your firm time and money.

Call 844.MED.LIEN (844.633.5436) today for more information and to discover the amazing results we will deliver for your plaintiffs!

Big News at Med Lien Solutions!

After 9 years of improving the lien resolution field, we’re unveiling an updated MLS identity with a new logo! Our enhanced logo will match the recent, high-tech upgrades to our system and services. 

As we continue to better serve our customers, the new MLS identity will be evident in the redesigned and enhanced MLS Live Data Portal. We’ve increased the information we provide and upgraded your ability to interact with us. Our Live Data Portal includes Lien Amounts, Status for Reductions, Insurance Plan Type, and more. Our enhanced interactivity allows you to request lien updates, ask questions, submit settlement information, view plan documents, and submit new cases quickly and easily.

Our Live Data Portal is powerful. It’s part of how we’re continuing to provide Better Lien Resolution. Our new look better fits this thoughtful, personal service, and effective technology that blend together at MLS. We hope you like the new look and continued improvements to our system.

If you need assistance with your healthcare liens, or would like a free demo of our Live Data Portal, please contact us at 844.MED.LIEN (844.633.5436).

 Better Technology. Better Service. Better Lien Resolution Matters.

 

Finding Hidden Coverage: The PAID Act

Did you know that Medicare has data on its beneficiaries’ Medicare Advantage Plans, Medicare Supplemental Plans, Medicare Part D Drug Plans, and even Medicaid coverage?

Currently, CMS does not provide that additional coverage information to either plaintiffs (and their attorneys) or defendants in the Non-Group Health Plan realm. The Medicare Advocacy Recovery Coalition (“MARC”) is trying to change that. MARC was formed in September 2008 in an attempt to improve the Medicare Secondary Payer (or Medicare Lien) system. Its greatest success to date was the passage of the SMART Act in 2013. That act gave us Medicare’s Final Conditional Payment process.

Now, MARC is trying to pass a new reform called the PAID Act. For our purposes, the PAID Act is helpful in providing non-Medicare insurance information where the plaintiff has been unable to do so. This means that both plaintiff attorneys and defense carriers will have access to determine other potential lien holders. Both sides will know whether the plaintiff is a Medicare Advantage or Supplement, Medicare Part D, or Medicaid beneficiary before settlement.

As we wait for the PAID Act to pass, you’re going to need some help! Please reach out to Med Lien Solutions for any lien help you need – Medicare Liens or otherwise – at 844.MED.LIEN or 844.633.5436!