Resolving Medical Liens and Reimbursement Claims in Personal Injury Cases: New Models for Achieving Predictability and Finality

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Wednesday, June 30, 2021

Recorded event now available

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Course Materials

This CLE course will discuss certain predictive settlement solutions to resolve heathcare liens in personal injury, auto, and workers’ compensation settlements, that, when used properly, can minimize repayment obligations and provide certain protections. This program will cover Medicare, Medicare Advantage Plans (MAPs), Medicare Prescription Drug Plans (PDPs), Medicaid, private/ERISA liens, military liens, workers’ compensation liens, Indian Health and Affordable Care Act (ACA) liens.

Description

Liens continue to frustrate parties trying to settle cases. Techniques considered valid 3 years ago no longer work as efficiently. Statutory amendments, regulatory developments, and increasing administrative involvement by the United States Department of the Treasury and/or United States Department of Justice neutralize what historically have been the most effective lien resolution techniques. While lien resolution is not new, the piecemeal, reactive, and discretionary approach popular with most attorneys fails to achieve the results desired in 2021, both from a compliance perspective and a financial perspective.

This program will provide a different path. A path built on proactive, not reactive steps. A path built to know with certainty what a final lien will be instead of guessing and hoping for a good result. A path that closes a file with absolute certainty instead of allowing exposure to persist post-settlement.

Adopting a new lien resolution model predicated on predictive settlement solutions and a comprehensive lien resolution compliance program provides the best results from a compliance perspective and a financial perspective.

Listen as this experienced panel explains predictive settlement solutions in the context of lien resolution and what counsel should consider when adopting a compliance program approach to lien resolution.

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Outline

  1. What’s the Lien Landscape for Personal Injury Litigants in 2021?
    1. Medicare Parts A/B (Traditional);
    2. Medicare Part C (Advantage);
    3. Medicare Part D (Prescription Drugs);
    4. Medicaid;
    5. Private/ERISA/FEHBA;
      1. Affordable Care Act
    6. Military;
    7. Workers’ Compensation;
    8. Indian Health;
  2. Focal Point: Medicare Advantage Plans – Why So Important in 2021?
    1. Historical
      1. Humana
      2. MSP Recoveries
    2. PAID Act coming, but what about now?
    3. How to Find that Hidden MAP Out There?
  3. Using Predictive Settlement Solutions to Resolve Liens
    1. Judicial Allocations Via Arbitration to Minimize Lien Exposure
      1. What does “On the Merits” Mean?
      2. Why Settling the Case is the Wrong Path to Minimize Lien Exposure?
      3. How A Well-Thought Out Arbitration Path Makes More Sense?
    2. Qualified Settlement Funds (QSFs)
      1. Protection for Defendants
      2. Protection for Plaintiffs
    3. Lien Resolution Compliance Programs
      1. What is a lien resolution compliance program?
      2. Why is 2021 the right time to implement a lien resolution compliance program?
      3. What to seek in the right lien resolution compliance program?

Benefits

The panel will review these and other consequential issues:

  • Why current lien resolution techniques fail to achieve the results intended?
  • How lienholders are using new tools to increase recovery efforts?
  • When utilizing predictive settlement solutions makes the most sense?

Faculty

Cattie, John
John V. Cattie, Jr.
Founding Member
Cattie & Gonzalez

Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and...  |  Read More

Cranner, Bruce
Bruce A. Cranner
Partner
Talley Anthony Hughes & Knight

Mr. Cranner is best known for his work in complex and complicated healthcare cases and professional liability cases,...  |  Read More

Gonzalez, Rafael
Rafael Gonzalez
Partner
Cattie & Gonzalez

Mr. Gonzalez has over 35 years of experience in work comp claims handling, litigation, and resolution

 |  Read More

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