Hospital Liens: Factual and Legal Reduction Strategies

February 13, 2020

February 13, 2020 By: Michael Walrath Some of the most frustrating and murky issues facing attorneys representing injured clients stem from alleged direct provider “liens” against settlement proceeds. The positions of various state bar associations on these issues, and the limited law delineating them, have historically been ever-shifting and evolving. Ethical Obligation to Protect Liens […]

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Resolution of Conditional Payments for Personal Injury Settlements

January 17, 2020

January 17, 2020 By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC Failure to Pay Equals Personal Liability The government takes its reimbursement rights seriously and is willing to pursue trial lawyers who ignore Medicare’s interest.  On March 18, 2019, the United States Attorney for the District of Maryland announced that a Maryland personal injury law […]

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Publix Super Markets, Inc. v. Figareau et. al.

Publix Super Markets, Inc. v. Figareau et. al.

January 16, 2020

January 17, 2020 In Publix Super Markets, Inc. v. Figareau et. al., Case No. 8:19-cv-545, 2019 WL 6311160 (M.D. Fla. Nov. 25, 2019), the Court permitted an ERISA self-funded health plan’s equitable lien claim to attach to the plaintiff attorney. This case is further evidence that using Synergy Settlement’s Lien Resolution service can be essential to […]

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Understanding the Mechanics of Subrogation

March 15, 2019

How subrogation and reimbursement claims impact the injury victim’s settlement. When an individual suffers an injury and seeks medical attention, typically that care is paid for by an insurance carrier. Those bills might be paid by Medicare, Medicaid, TRICARE, or a plan provided through their employer. This is true even if the injury suffered was […]

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Lien Existence & Ethics, Redefined

Lien Existence & Ethics, Redefined

March 1, 2019

Some of the most frustrating and murky issues facing attorneys representing injured clients stem from alleged “liens” against settlement proceeds. The Florida Bar’s position on these issues, and the limited laws delineating them, have been ever-shifting and evolving. Ethical Obligation to Protect Liens One constant in this otherwise uncertain area, is this: Attorneys representing injured […]

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Plaintiff firm settles with the U.S. Government for inadequately addressing and repaying Medicare Conditional Payments.

Plaintiff firm settles with the U.S. Government for inadequately addressing and repaying Medicare Conditional Payments.

October 22, 2018

On June 18, 2018, the U.S. Department of Justice’s Attorney’s Office for the Eastern District of Pennsylvania announced a recently concluded settlement with a plaintiff firm involving the repayment of Medicare Conditional Payments.  The government’s investigation arose under the Medicare Secondary Payer provisions of the Social Security Act, which authorizes Medicare, as a secondary payer, […]

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