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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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, December 14, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss specific predictive settlement solutions to resolve healthcare 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, Medicare Prescription Drug Plans, Medicaid, private/ERISA liens, military liens, workers' compensation liens, and Indian Health and Affordable Care Act liens.

Description

Liens continue to frustrate parties trying to settle cases. Techniques considered valid three years ago no longer work as efficiently. Statutory amendments, regulatory developments, and increasing administrative involvement by the U.S. Department of the Treasury and the U.S. 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 from both a compliance and a financial perspective.

This program will provide a different path. A path built on proactive, not reactive, steps--an approach toward the certainty of the final lien 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 compliance and financial perspectives.

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 is the lien landscape for personal injury litigants in 2022?
    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 plan
    1. PAID Act coming, but what about now?
    2. How to find that hidden MAP out there?
    3. Historical
    4. Humana
    5. MSP recoveries
  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-planned 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 2022 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

Reynolds, Kim
Kim Reynolds, MBA
Director of Operations
The Place Firm

Ms. Reynolds, MBA, the Director of Operations at The Place Firm has over 20 years' experience in helping injury...  |  Read More

Place, David
David L. (Dave) Place, JD
Owner
The Place Firm

Mr. Place exclusively assists personal injury victims and plaintiff counsel with complex lien resolution problems using...  |  Read More

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