Archive | May 2010
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The Need for Lien Resolution in Asbestos Cases
What is Asbestos? While most asbestos-containing products were produced during the 1940s to 1970s asbestos litigation remains prevalent today. What exactly is asbestos? Asbestos is the common name for a variety of silicate materials that more resistant to acid and fire than other materials. Physically, asbestos appears fibrous. Asbestos is used for thermal insulation, fire […]
What if Medicare’s Lien Exceeds Client Recovery
What do you do if a Medicare lien exceeds your client’s recovery? Obviously, if Medicare were to take 100% of proceeds from a settlement or verdict, plaintiffs would have no motivation to file lawsuits. As a result, Medicare liens can be reduced through both automatic, and plaintiff-initiated processes. But remember, Medicare does not truly negotiate […]
MSPRC & CMS Update Interest Rate
The MSPRC & CMS recently updated interest rates for failure to pay Medicare liens. It is now 10.875% per annum. Keep in mind that a 60-day grace period, plus an additional five days for MSPRC “mailing time,” is given prior to accrual of any interest. After that 65 days, two months interest will be charged […]
Settlement Payments & Section 111 of the MMSEA
In all cases where healthcare lien resolution is involved, payment of the settlement and liens can become contentious. Those issues are multiplied in Medicare lien resolution where non-payment of liens can result in 10.875% interest, double damages against both plaintiff and defense attorneys, and a $1,000 per day penalty for non-compliance with Section 111 and […]
Medicare’s “Rights & Responsibilities” Letter
The MSPRC has created many strange Medicare lien resolution policies in the last few years. One of the more recent is the use of a “Rights and Responsibilities” Letter. I get two questions about these nearly every day: What is the purpose of this letter? Why do I get this, but no Conditional Payment Letter? […]
Medicare’s Procurement: Do Nothing, Lower Your Lien
In All Medicare lien resolution cases (*Not including Workers’ Compensation MSAs) the MSPRC will automatically reduce its Medicare lien if you do just one simple thing. When you report settlement to the MSPRC you must give your costs and fees. In turn, the MSPRC will reduce its conditional payment amount by about 33 – 42 […]
Don’t See What You’re Looking For?
We know many of you get here via Google, Bing, or other search engines because you have questions. We also know that we have many holes in our advice regarding Medicare liens, state Medicaid liens, and ERISA liens. We don’t even touch on Medicare Set-Asides (MSAs) in this blog – at least not yet. As […]
Medicaid & the Home Lien
While the Medicaid programs vary from state to state, there is a federal mandate requiring each state to seek reimbursement of Medicaid care. Much of the specific mandates come from a 1993 estate recovery mandate, enacted in the Omnibus Budget Reconciliation Act (OBRA 93). That act requires recovery from Medicaid beneficiaries who: Were age 55 […]
Lien vs. Subrogation – A Primer
Most people don’t know the difference between a lien, subrogation rights, and rights of reimbursement. Those who do know the difference often don’t care. For instance, even on this blog we usually refer to a Medicare lien; however, Medicare does not (technically) put liens on your cases. Medicare liens are actually Medicare-rights-to-reimbursement and subrogation rights. […]
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