Medicare and Medicaid Liens in Personal Injury Cases
Resolving Healthcare Liens or Claims for Reimbursement, Maximizing Settlement Awards

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Wednesday, October 2, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide personal injury counsel for both plaintiffs and defendants, as well as adjusters, with practical tips and considerations for resolving Medicare and Medicaid liens to maximize recovery and ensure healthcare compliance in personal injury claims.
Faculty

Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and repayment obligations as well as assessing a client’s future medical exposure under the MSP Act. In the MSA area, he has personally reviewed or overseen the review of over 10,000 distinct fact patterns. Federal and state court opinions such as Smith v. Marine Terminals of Arkansas, Tye v. Upper Valley Medical Center, and Doe v. Company X cite his analysis favorably.

Mr. Place exclusively assists personal injury victims and plaintiff counsel with complex lien resolution problems using his vast knowledge of the other side’s techniques. Mr. Place spent fourteen years representing large private group health insurance plans, self-funded ERISA groups, FEHBA plans, Medicare Advantage plans, state Medicaid plans, as well as stop-loss and disability plans in their subrogation/recovery programs. He asserted subrogation/reimbursement rights for those groups in all fifty states, personally recovering nearly one hundred million dollars for the insurance industry.

Ms. Goldhaber defends claims related to product liability, exposure to toxic substances and transportation-related injuries. She handles matters directly in Illinois and Michigan and manages multi-state litigation as national coordinating and trial counsel. Ms. Goldhaber counsels clients in Medicare Secondary Payer (MSP) issues, particularly as the issues arise throughout discovery and in resolution.
Description
Personal injury attorneys spend significant time resolving Medicare and Medicaid liens in tandem with litigating or settling the underlying personal injury claims. Until liens are addressed, the final settlement of personal injury claims should not occur.
When personal injury plaintiffs accept Medicare or Medicaid benefits to cover accident-related bills, they are obligated to pay back the government if a third party later takes responsibility for causing the underlying injuries, as demonstrated by a settlement, judgment, or another award. Medicare and Medicaid are usually entitled to reimbursement of their expenditures on accident-related medical care.
Many lienholders are often willing to compromise, and there are legally and practically established means to lower the final lien amount. Strategic resolution of Medicare and Medicaid liens will help attorneys maximize client recovery and ensure compliance during the personal injury claim settlement.
Listen as our authoritative panel of personal injury litigators and consultants discusses Medicare and Medicaid lien resolution tactics and strategies to maximize settlement amounts and ensure compliance with state and federal laws and regulations.
Outline
- Addressing Medicare liens
- Addressing Medicaid liens
Benefits
The panel will review these and other key issues:
- What obligations do plaintiffs in personal injury cases have to reimburse Medicare in a liability settlement?
- Are Medicare set-asides required?
- Best practices for resolving Medicaid liens and an update on crucial legislative activity
- What steps should defense attorneys take during discovery and resolution to protect their clients regarding lien reimbursement?
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