Resolution of Part C Medicare Advantage (MAO) Liens White Paper
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Category: LIENS
ERISA Plan Denied Temporary Restraining Order, No Imminent Harm
December 6, 2021 By: Teresa Kenyon, Esq. In HMS Holdings LLC v Ted A Greve & Associates P.A. et al, 2021 WL 5163308, an ERISA self-funded health plan was denied a temporary restraining order (TRO) on settlement funds. The court found that the health plan did not present sufficient evidence to satisfy all necessary requirements […]
What Should You Do About Possible Health Insurance Liens?
August 12, 2021 Teresa Kenyon, Esq. When handling a third-party liability case and you know your client had health insurance that paid the medical expenses, should you check to see if there is a lien interest on the settlement funds? Or maybe you have settled a case and you just received a notice letter from […]
Hospital “Liens” vs. “Debts”: A Distinction with a BIG Difference
May 13, 2021 Michael Walrath, Esq. Introduction Plaintiffs’ lawyers largely understand settlement proceeds which are subject to a claim of lien must be protected in trust, even against the client’s interests or wishes. An attorney may not serve as the “sole arbiter” of a lien dispute, take it upon herself or himself to decide the […]
Hospital Liens Carry Ethical and Legal Obligations
April 22, 2021 Michael D. Walrath, Esq. Direct provider “liens” against settlement proceeds have teeth, whether hospital or physician liens, statutory or contractual. The various positions of state bar associations on these issues, and the limited law delineating them, have historically been ever shifting and evolving but two things are clear. Liens must be released […]
Preparing for the ERISA Lien Battle
February 11, 2021 Teresa Kenyon, Esq. The dreaded ERISA lien. The vendors representing ERISA self-funded health plans’ interests certainly want you to believe that it must be reimbursed in full. They will cite the US Airways v McCutchen case, tell you that they are not subject to equitable doctrines, and, therefore, do not have to […]
Why Was the Ahlborn Case Such a Significant Victory for Injury Victims?
October 20, 2020 Heidi Ahlborn was injured in a very serious car accident in January of 1996. At the time, she was a nineteen-year-old college student pursuing a degree in teaching. She suffered a catastrophic brain injury that left her incapable of finishing college and unable to care for or support herself in the future. […]
Greater Understanding for More Effective ERISA Lien Negotiation
August 13, 2020 By: Teresa Kenyon Medical liens or reimbursement demands are generally an unwelcomed part of the whole recovery process for personal injury attorneys. It’s the case after the case. The target is always moving and there is a lot of information to process and laws to apply. This is generally not the chore […]
No Time Limits on Medicare Advantage Plans Private Cause of Action for Double Damages
March 2, 2020 The 11th Circuit Court of Appeals weighed in on the question of whether the Medicare statute, which provides a three-year timeline to the government to request repayment, applies to a private entity providing Medicare benefits (Medicare Advantage plans). The Court’s answer is that the claims filing provision does not bar a claim […]