Medicaid
SCOTUS Limits Medicaid Lien Recoveries
On March 20, 2013 the Supreme Court released its decision in Wos v. EMA, a federal case determining the legality of North Carolina’s Medicaid recovery statute. The Court held that the anti-lien provision of the federal Medicaid Act prevents a state from taking any portion of a judgment or settlement not designated as medical care. […]
Misconceptions: It’s Not a Valid “Lien” Unless They Put Me on Notice
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 […]
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 […]
MMSEA – RRE Reporting Begins Oct. 1, 2010
President George W. Bush signed the Medicare Medicaid & SCHIP Extension Act (“MMSEA”) more than three years ago. On October 1st, 2010, its reporting section finally goes into effect. How will reporting change the Healthcare Lien landscape? How will it change Personal Injury Law? The Defense Fears The MMSEA turns defendant-insurers into Responsible Reporting Entities […]
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 […]
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 […]
My Client is a Medicaid Beneficiary?
Who do you contact when you suspect your new client is a Medicaid beneficiary? Why do you have to contact that agency? When a new client steps into your office for a personal injury case it is important to determine who paid for his or her medical care. If you get this healthcare insurance information […]
Medicare Liens + Medicaid Liens: What is Left For The Plaintiff?
Medicare liens should never take more than one-third of any settlement or verdict amount. If you ever experience a situation where the MSPRC or CMS claims more than one-third of that amount you have made a mistake. Any lien resolution provider should quickly resolve such an issue. But, Medicare will never factor an ERISA lien, […]
Speeding Up Medicare Lien Resolution – Tips & Tricks
Generally, a Medicare lien resolution time line is as follows: Report to the COBC – Day 1; COBC transfers the lien file to the MSPRC (2-4 days); MSPRC sends a “Rights & Responsibilities Letter” to both the attorney and the client (10-15 days); MSPRC sends a Conditional Payment Letter to the client, and to any […]
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