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Med Mal Reform & Lien Resolution

The AAJ and Daily Kos are reporting the Obama administration’s proposed budget includes $250 million in Justice Department grants to help state rewrite their medical malpractice laws along the lines of recommendations from the deficit commission.  The grants are meant to help states pursue innovative reforms which improve health care quality, reduce medical costs, and of course, reduce liability costs.  The grants do not allow for caps on jury awards.

But what if they did?

As Republicans pursue caps on jury awards, and as Democrats and PI attorneys continue to fight those caps, what can be done to keep the personal injury world from collapsing?  You need to save your clients as much of their settlements as is possible.

Healthcare lien resolution will continue to grow as reforms are enacted.  Lien Resolution can save your clients thousands of dollars if done correctly.  Medicare liens, Medicaid liens, and other healthcare liens often fail to recognize what can be connected to your clients injuries, and what cannot.  Review of the lien is important.  All injury cases require a thorough lien review.  A simple outline of tasks should look like this:

  1. “Decode” the ICD-9 codes.  In the Lien Resolution Services offices we call this the ICD-9 Audit.  Each code has a meaning – often very specific.  The codes relating to your case may be from the same root as a listed code, but that does NOT mean the listed code is related to your case.
  2. Review all dates of injury, treatment dates, and rehabilitation dates.  If other dates are listed on the lien they may not be related to your case.
  3. Review all charges listed on the lien.  While it is unlikely, LRS has seen circumstances where double billing has not been caught by the insurance company.
  4. Use detailed disputes to reduce the lien.  Medical records, physicians statements, and even Google can help you with this task.  Strong medical arguments are a key part of the dispute.  But Medicare lien disputes (and all healthcare lien disputes) must be well thought out, well-written, and very detailed.
  5. For additional tips and tricks, use our Guide to Medicare Lien Resolution.

This process can help save your client’s settlement funds today.  It will be even more important in the future.  For assistance on Medicare lien resolution, Medicaid lien resolution, and ERISA lien resolution please contact LRS.


Ryan J. Weiner
Co-Founder Lien Resolution Services
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.




About Ryan J. Weiner

Co-Founder of Lien Resolution Services, LLC, a national healthcare lien resolution firm. Our goal is to assist in the fair administration and resolution of healthcare liens on personal injury cases. Please visit our website for more information: www.lienresolutionusa.com.

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