High-dollar medical liens can drain your client’s net settlement and wreak havoc on your firm’s time and internal resources. ARCHER’s highly experienced attorneys and paralegals strategically negotiate liens, resulting in lower overall costs to your client and better resource management for your firm.
What Are Liens?
Liens are legal claims or holds on a portion of a person's settlement funds. They're often used to ensure that certain parties, typically healthcare providers or insurance companies, are reimbursed for costs they've incurred as a result of the plaintiff's injury.
When a person is injured and initiates a personal injury lawsuit, they may receive medical treatment for their injuries. If the injured party doesn't have sufficient insurance or funds to cover these costs, the healthcare provider may agree to provide the necessary care in exchange for a lien on any future settlement. This means that if the injured individual receives a settlement or court award, a portion of those funds will be used to repay the healthcare provider for their services.
Similarly, if an insurance company has paid for some of the injured party's medical expenses, they may place a lien on the settlement to recover those costs. This is known as a subrogation lien.
At Archer Systems, LLC, our role involves managing these liens as part
of the settlement process. This includes verifying and negotiating liens,
ensuring they're properly accounted for when calculating the net settlement
amount, and distributing funds to lienholders once the settlement is finalized.
It's a complex process that requires careful management to ensure all
parties' interests are protected and all legal obligations are met.
Medicare Lien Resolution & More
We handle end-to-end resolution for any type of medical lien, including but not limited to:
- Medicare Parts A & B (including group resolution models)
- Medicaid (including Medicaid Care Organizations, or “MCOs”)
- Private insurance (including self-funded ERISA, Private Lien Resolution Program (PLRP), and Medicare Advantage)
- Veterans Administration (VA), TRICARE, and other military health care programs
- Tribal Health Care
Failure to properly resolve liens may expose the plaintiff attorney and law firm to malpractice liability. Fortunately, the Rules of Professional Conduct in most states allow for lien specialist fees to be billed as a case expense.
What is a Medicare Lien?
A Medicare lien, also referred to as a Medicare recovery claim, is a legal claim that Medicare asserts against a beneficiary's settlement, judgment, award, or other payment when the beneficiary has received medical treatment covered by Medicare due to a third-party injury or accident. In simpler terms, if Medicare pays for medical expenses related to an injury caused by someone else's actions or negligence, the program may seek reimbursement from any settlement or financial recovery the beneficiary receives from that third party.
Purpose of Medicare Liens
The primary purpose of Medicare liens is to prevent "double-dipping" in the payment of medical expenses. When a beneficiary experiences an injury due to the fault of another party and receives compensation from that party through a settlement or insurance claim, it is essential to ensure that Medicare is repaid for any medical costs it covered related to that injury. By doing so, the Medicare program can maintain its funds to continue providing healthcare benefits to other beneficiaries.
Call Our Lien Resolution Group
At Archer Systems, LLC, we negotiate ardently on your behalf and align completely with your goals and objectives.
To learn more about our lien negotiators, attorneys, and paralegals, visit our About Us page here.