You might ask yourself, why hire experts to assist with lien resolution when I can do it myself. You also might ask whether it is ethically permissible to outsource lien resolution to a lien resolution company. The first question is quite simple to answer and the second one requires a little more examination of the rules regulating lawyers.
The problem really starts with the responsibilities a law firm has at the beginning of each new case as it pertains to liens. I use lien synonymously with subrogation, reimbursement, and debts here even though there are differences. Given the law, a law firm must track liens that are asserted against their client’s personal injury claim and in some instances will have an affirmative duty to investigate and identify possible liens (Medicare & Medicare Advantage plans are good examples).
The law firm must determine whether a lien holder’s claim has merit and is legally valid. To reach resolution, this requires a law firm to have significant contact and interaction with a variety of lien holders along with recovery vendors. At the conclusion of the case, it frequently requires protracted negotiations to reach an agreement to resolve the claims made by a lien holder or recovery vendor against a settlement, judgment, or verdict. The bigger issue, given the distractions it creates, is that law firms frequently wait too long to begin to negotiate a reimbursement to a lien holder which can delay disbursement to the injury victim. All the foregoing creates pressure on law firms to outsource lien resolution functions.
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Introduction The landscape of healthcare billing can be complex and confusing, both for healthcare providers and patients alike. When there is third party liability involved, such as in cases of accidents or…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services Effectively minimizing or eliminating the reimbursement of any claimed medical lien is a critical part of ensuring just compensation for the injured. Personal injury lawyers encounter numerous obstacles in the…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services Introduction In the world of personal injury law, every moment counts. The intricacies of building a solid case, negotiating with insurance companies, and advocating for your clients in court demand…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services Introduction: When it comes to settling a personal injury case, the complexities of health insurance subrogation can significantly impact the disbursement of settlement funds. Attorneys handling these cases must navigate…
By Guest Author Rasa Fumagalli, J.D., MSCC, CMSP-F – Director of MSP Compliance Services MSP Recovery Claims, Series LLC, and MSPA Claims 1, LLC have filed several cases on behalf of Medicare Advantage Organizations (MAOs) against insurers for failing to reimburse the MAOs for injury-related…
By Jason D. Lazarus, J.D., LL.M., MSCC In the complex world of personal injury law, litigating trial lawyers must prove causation, liability, and damages to ensure their clients receive the compensation they deserve. To navigate this challenging landscape, personal injury law firms often rely on…
By Jason D. Lazarus, J.D., LL.M., MSCC In today’s fast-paced legal landscape, personal injury law firms face a multitude of challenges, from tracking liens to navigating the complexities of subrogation, reimbursement, and medical debts. The pressure to provide exceptional results to their clients while maintaining…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services Introduction Navigating the complex world of healthcare liens can be overwhelming, especially for cases involving military personnel, Veterans, Medicaid recipients and the uninsured who need hospital care. However, understanding the…
On March 8th, 2023, Daniel Tsai (Deputy Administrator and Director of CMS) sent a letter to all state Medicaid agencies providing guidance related to changes in third-party liability (TPL) requirements based upon the holding in Gallardo v. Marstiller. The Supreme Court’s ruling in Gallardo v.…
By Guest Author Kevin E. James, Esq. – Lien Resolution Attorney The Medicare Secondary Payer Act (MSP) has often been described by many courts as notoriously “complex”. This complexity has only increased as Medicare Advantage Organizations (MAO) have increasingly become more litigious in attempts to…
