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The Lien Project Blog

The Lien Project Blog

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Published: Friday, February 28, 2020

The HITECH Act to getting Medical Records

Do I really have to pay copy service fees to get my client’s medical records? Well – no.

Published: Friday, February 28, 2020

Medicare Beneficiary Identifier Replaces Social Security Number for SPA Claims

The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) required CMS to remove SSNs from all Medicare cards by April 2019

Published: Friday, February 28, 2020

Personal Injury Settlement of $750 or Less Avoids CMS Liens

“The Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act) requires CMS to set an annual threshold for recovery of conditional payments each year. The $750 threshold from 2019 will remain the same for 2020.

Published: Friday, February 28, 2020

DANGER: Ethics Violations in Settlement Agreements Plaintiff’s Counsel Violates RPC By Agreeing to Indemnify Defendants for Liens

Very strong indemnity/hold harmless language regarding liens, especially with regards to Medicaid and Medicare, are now standard in most settlement agreements. As plaintiff’s attorneys, we often see language that obligates not just the plaintiff, but also his or her counsel to indemnify the defendants against lien and reimbursement claims by health plans.

Published: Friday, February 28, 2020

Statute of Limitations on CMS Lien Recovery Action Under Secondary Payer Act

In January 2013, the SMART Act went into effect and introduced new procedures for CMS to use when seeking reimbursement under the Secondary Payer Act [SPA]. Buried in the new regulations is 42 U.S.C. 1395y(b)(2)(B)(iii), which includes a three year limitation period on actions by the “United States” which must be filed “no later than 3 years after the date of the receipt of notice of a settlement, judgment, award…”.

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, February 28, 2020

The HITECH Act to getting Medical Records

Do I really have to pay copy service fees to get my client’s medical records? Well – no.

Published: Friday, February 28, 2020

Medicare Beneficiary Identifier Replaces Social Security Number for SPA Claims

The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) required CMS to remove SSNs from all Medicare cards by April 2019

Published: Friday, February 28, 2020

Personal Injury Settlement of $750 or Less Avoids CMS Liens

“The Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act) requires CMS to set an annual threshold for recovery of conditional payments each year. The $750 threshold from 2019 will remain the same for 2020.

Published: Friday, February 28, 2020

DANGER: Ethics Violations in Settlement Agreements Plaintiff’s Counsel Violates RPC By Agreeing to Indemnify Defendants for Liens

Very strong indemnity/hold harmless language regarding liens, especially with regards to Medicaid and Medicare, are now standard in most settlement agreements. As plaintiff’s attorneys, we often see language that obligates not just the plaintiff, but also his or her counsel to indemnify the defendants against lien and reimbursement claims by health plans.

Published: Friday, February 28, 2020

Statute of Limitations on CMS Lien Recovery Action Under Secondary Payer Act

In January 2013, the SMART Act went into effect and introduced new procedures for CMS to use when seeking reimbursement under the Secondary Payer Act [SPA]. Buried in the new regulations is 42 U.S.C. 1395y(b)(2)(B)(iii), which includes a three year limitation period on actions by the “United States” which must be filed “no later than 3 years after the date of the receipt of notice of a settlement, judgment, award…”.

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!

The HITECH Act to getting Medical Records

4 months ago

Do I really have to pay copy service fees to get my client’s medical records? Well – no.

Medicare Beneficiary Identifier Replaces Social Security Number for SPA Claims

4 months ago

The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) required CMS to remove SSNs from all Medicare cards by April 2019

Personal Injury Settlement of $750 or Less Avoids CMS Liens

4 months ago

“The Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act) requires CMS to set an annual threshold for recovery of conditional payments each year. The $750 threshold from 2019 will remain the same for 2020.

DANGER: Ethics Violations in Settlement Agreements Plaintiff’s Counsel Violates RPC By Agreeing to Indemnify Defendants for Liens

4 months ago

Very strong indemnity/hold harmless language regarding liens, especially with regards to Medicaid and Medicare, are now standard in most settlement agreements. As plaintiff’s attorneys, we often see language that obligates not just the plaintiff, but also his or her counsel to indemnify the defendants against lien and reimbursement claims by health plans.

Statute of Limitations on CMS Lien Recovery Action Under Secondary Payer Act

4 months ago

In January 2013, the SMART Act went into effect and introduced new procedures for CMS to use when seeking reimbursement under the Secondary Payer Act [SPA]. Buried in the new regulations is 42 U.S.C. 1395y(b)(2)(B)(iii), which includes a three year limitation period on actions by the “United States” which must be filed “no later than 3 years after the date of the receipt of notice of a settlement, judgment, award…”.

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

4 months 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.