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The Lien Project Blog

The Lien Project Blog

Recent Articles

Published: Thursday, February 27, 2020

Medicare Madness: Wrongful Death Claims and Survivorship Claims and Release Language

We are seeing an uptick in CMS lien recovery issues across the board. A hot topic has been Medicare asserting liens against wrongful death recoveries. The law is clear that CMS has no lien rights against a California wrongful death recovery. If you only represent WD heirs in a lawsuit, then no claim for past medical special damages to which a CMS lien could attach are implicated.

Published: Saturday, February 8, 2020

ERISA Plans drafted to exclude coverage – For Anything?

When the Supreme Court issued its opinion in U.S. Airways v. McCutchen, 133 S. Ct. 1537 (2013), holding essentially that the plan language controls such that, “[t]he agreement itself becomes the measure of the parties' equities…”, the alarm bell rang loudly.

Published: Saturday, February 8, 2020

Medicare Liens for Prescription Drug Costs

Practice Pointers: Medicare Liens For Prescription Drug Costs

Published: Saturday, February 8, 2020

When Life Expectancy Equals Dollars

When calculating future damages, whether they be medical specials, lost earnings/earning/potential or general damages, the plaintiff’s life expectancy is a necessary figure to use in any equation.

Published: Thursday, May 9, 2019

Medicare: Their Bite is Catching up with their Bark!

The boy who cried, “wolf”? Howling at the Moon? Here at The Lien Project, we are just going to keep barking about Medicare liens!

Published: Friday, April 12, 2019

The Feds are coming

Last June we reported on a consent decree entered into by a The U.S. Attorney’s office in Philadelphia and Rosenbaum & Associates over…

Published: Wednesday, January 30, 2019

MAO - Double Exposure

Are you exposing your clients to double liability for medical costs paid by Medicare Advantage Organizations?

Published: Thursday, December 13, 2018

LMSA rule changes on Horizon

"Major" "Economically Significant" Federal Rule Making could affect virtually all forms of Injury-Related Recoveries to Medicare beneficiaries.

Published: Thursday, February 27, 2020

Medicare Madness: Wrongful Death Claims and Survivorship Claims and Release Language

We are seeing an uptick in CMS lien recovery issues across the board. A hot topic has been Medicare asserting liens against wrongful death recoveries. The law is clear that CMS has no lien rights against a California wrongful death recovery. If you only represent WD heirs in a lawsuit, then no claim for past medical special damages to which a CMS lien could attach are implicated.

Published: Saturday, February 8, 2020

ERISA Plans drafted to exclude coverage – For Anything?

When the Supreme Court issued its opinion in U.S. Airways v. McCutchen, 133 S. Ct. 1537 (2013), holding essentially that the plan language controls such that, “[t]he agreement itself becomes the measure of the parties' equities…”, the alarm bell rang loudly.

Published: Saturday, February 8, 2020

Medicare Liens for Prescription Drug Costs

Practice Pointers: Medicare Liens For Prescription Drug Costs

Published: Saturday, February 8, 2020

When Life Expectancy Equals Dollars

When calculating future damages, whether they be medical specials, lost earnings/earning/potential or general damages, the plaintiff’s life expectancy is a necessary figure to use in any equation.

Published: Thursday, May 9, 2019

Medicare: Their Bite is Catching up with their Bark!

The boy who cried, “wolf”? Howling at the Moon? Here at The Lien Project, we are just going to keep barking about Medicare liens!

Published: Friday, April 12, 2019

The Feds are coming

Last June we reported on a consent decree entered into by a The U.S. Attorney’s office in Philadelphia and Rosenbaum & Associates over…

Published: Wednesday, January 30, 2019

MAO - Double Exposure

Are you exposing your clients to double liability for medical costs paid by Medicare Advantage Organizations?

Published: Thursday, December 13, 2018

LMSA rule changes on Horizon

"Major" "Economically Significant" Federal Rule Making could affect virtually all forms of Injury-Related Recoveries to Medicare beneficiaries.

Medicare Madness: Wrongful Death Claims and Survivorship Claims and Release Language

7 hours ago

We are seeing an uptick in CMS lien recovery issues across the board. A hot topic has been Medicare asserting liens against wrongful death recoveries. The law is clear that CMS has no lien rights against a California wrongful death recovery. If you only represent WD heirs in a lawsuit, then no claim for past medical special damages to which a CMS lien could attach are implicated.

ERISA Plans drafted to exclude coverage – For Anything?

2 weeks ago

When the Supreme Court issued its opinion in U.S. Airways v. McCutchen, 133 S. Ct. 1537 (2013), holding essentially that the plan language controls such that, “[t]he agreement itself becomes the measure of the parties' equities…”, the alarm bell rang loudly.

Medicare Liens for Prescription Drug Costs

2 weeks ago

Practice Pointers: Medicare Liens For Prescription Drug Costs

When Life Expectancy Equals Dollars

2 weeks ago

When calculating future damages, whether they be medical specials, lost earnings/earning/potential or general damages, the plaintiff’s life expectancy is a necessary figure to use in any equation.

Medicare: Their Bite is Catching up with their Bark!

9 months ago

The boy who cried, “wolf”? Howling at the Moon? Here at The Lien Project, we are just going to keep barking about Medicare liens!

The Feds are coming

10 months ago

Last June we reported on a consent decree entered into by a The U.S. Attorney’s office in Philadelphia and Rosenbaum & Associates over…