Archive | June 2012
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Last Thursday, Public Justice won a federal appeals court ruling limiting ERISA plan’s ability to collect from personal injury lawsuits. This is Public Justice’s second ERISA lien victory in less than a year. Their tireless work has provided plaintiffs with a ray of light for us to fight the ERISA liens that so greatly limit […]
We have been told CGI v. Rose, the 9th Circuit version of U.S. Airways v. McCutchen, was decided on with a pro-plaintiff result. We are trying to obtain a copy of the decision now – and we will analyze it as soon as we have it.
The Friday, June 15, 2012 Federal Register includes a four-page request for public comment requested by the Department of Health and Human Services’ Centers for Medicare & Medicaid Services. The comment is requested for potential changes to 42 CFR Parts 405 and 411 and is titled, “Medicare Program; Medicare Secondary Payer and ‘Future Medicals.’ “ […]
The Friday, June 15, 2012 Federal Register included an Advanced Notice of Proposed Rulemaking for Liability Medicare Set-Asides (LMSAs). That notice can be found by clicking the link: Federal Register: Advanced Notice of Proposed Rule – LMSAs. At Lien Resolution Services we recognize the overwhelming majority of our clients disagree that LMSAs can apply to […]
The most troubling “liens” are the ones that come up unexpected. But why do liens come up without warning? For starters, we have to remind you that we all use the term lien loosely. Most of the time we are not dealing with liens at all. The usual encumbrance is either a subrogation right, a […]
In lien resolution (or subrogation, or reimbursement) ERISA means nothing. Let’s get that out of the way. Health plans can scream “ERISA!” at the top of their lungs. It still means nothing. One of 0ur younger attorneys at Lien Resolution Services dealt with this very issue last week. I like the way this ERISA lien […]
Medicare Advantage Plans often claim liens and/or reimbursement rights on personal injury lawsuits. This post isn’t about Medicare Advantage (“MA”) plan reimbursement rights (or whether the Medicare Secondary Payer statute allows federal actions for MA plans). Instead, this post aims to assist in reduction of MA plan liens. Last week, we were offered a 25% […]