Lien Resolution Services
In most cases an individual will incur medical expenses from injury related treatment prior to settlement being reached. Depending on who pays these medical expenses, liens may arise. Medicare liens are usually on all parties’ radar due to the “super lien” rights provided by the Medicare Secondary Payer Act (MSP).
However, in addition to Medicare liens which should be considered mandatory to resolve due to steep interest and/or penalties for non-payment, the resolution of one or more other healthcare liens should also be negotiated and satisfied from settlement proceeds. Medivest helps settling parties in several areas of our business and finds it gratifying to reduce payment burdens for parties’ past injury related medicals helping them obtain a higher net settlement. Count on Medivest to:
- Direct the communication and negotiations for your lien resolution matters so that you can focus on your core business
- Verify the type of liens outstanding
- Investigate liens via web, phone and/or correspondence
- Determine obligations to notify healthcare plans
- Obtain reimbursement demands
- Audit demands for relevance to the case- related injury
- Evaluate available offsets, reductions, and/or opportunities for compromise
- Negotiate satisfactory resolution/obtain best offers depending on authority provided/service desired
Medicare Conditional Payment Liens
The Medicare Secondary Payer Act (MSP) gives Medicare the right to be reimbursed from a settlement, judgment, award, or other payment/arrangement (“Settlement”) when a third party/insurance plan is primary. The Settlement funds are considered primary to Medicare even when liability is denied. Anyone receiving Settlement funds may be liable to Medicare for two times the amount Medicare paid plus interest if not timely resolved. It is best to negotiate Medicare liens prior to Settlement. Even after a Medicare lien is paid, whether prior to or after Settlement, the government may reimburse injured parties based on fairness or financial hardship.