Hello,
If you are receiving this email you recently attended a Trial Guides Conference in Orlando.
At the conference you saw a video where I promised to send you a copy of the INSIDER’S GUIDE TO AVOIDING MSAs.
To get your copy please go to www.AvoidingMSAs.com
It was reported to me that a number of attorneys who saw my video in Orlando were inquiring about what an MSA is, and why they should be avoided.
I created the video below to answer both of those questions –
If you want more information about how THE PLAINTIFF’S MSA & LIEN SOLUTION can help you CONQUER your plaintiffsmsa.com. Or, call us at 888-MSA-PLTF (888-672-7583).
and possibly make them DISAPPEAR or get significantly reduced, then go to our PMLS websiteAlso, check out our “Attorneys Sued Over Medicare Issues” resource here: www.AttorneysSuedOverMedicareIssues.com.
CMS’ (Centers for Medicare & Medicaid Services) attitude on recouping conditional payments made on a plaintiff’s behalf has changed dramatically within the last few months, with demonstrated changes in policy reflected in the most recent letter sent by CMS in March 2019.
Expect these changes in attitude and policy to grow more severe as 2026 approaches and Congress finally faces the insolvency of Medicare’s Hospital Insurance Trust Fund.
Having access to resources providing the tools to help you ensure timely repayment of conditional payments made by Medicare is pivotal. Especially to your continued success as a plaintiffs’ attorney.
Trial Guides and PMLS have partnered to bring you three unparalleled tools for plaintiffs’ attorneys determined to make sure they always have access to the most updated and relevant legal information. These tools are:
That’s why Trial Guides has joined with PLAINTIFF’S MSA & LIEN SOLUTION Founder Jack Meligan to provide a set of three dynamic tools designed to help plaintiffs’ attorneys struggling with Medicare issues. The first Tool addresses Medicare liens for conditional payments. The second Tool is for attorneys who are struggling with explaining the Muddled Maze of Medicare to their clients. The third Tool is for Trial Lawyers who want to push back on defendants that are insinuating that their client must create an MSA, threats to keeping hard-earned settlements intact.
John Merting Case, 2003.
Florida attorney John Merting called CMS multiple times in the process of settling a Jones Act case. CMS repeatedly told Merting that no future conditional payments would be expected to be repaid to Medicare. Merting even made sure to obtain a statement in writing from CMS reading that the settlement was well-planned.
Through hard work and skillful lawyering, Merting won his client a $5.5 million settlement. Sixty days after the settlement, Merting’s client received an unfortunate letter from CMS. The letter instructed the pair that unless they could prove the client had spent $5.5 million dollars – essentially, the entire settlement – on future medical expenses relating to the injuries spawning the original lawsuit, Medicare would refuse to cover any medical treatment related to the original injury.
Philadelphia Attorney Jeffrey Rosenbaum successfully won nine of his clients’ settlements. Clients whose lawsuits were caused by injuries that at one point received medical care paid for by Medicare. Rosenbaum forgot or was unaware he was responsible, as are all parties who receive any proceeds from a settlement or judgment, for paying Medicare back for conditional payments made before disbursing these settlements. The US Department of Justice filed suit. Ultimately, this lawyer was forced to pay a $28,000 fine.
The DOJ forced Rosenbaum to make mandatory changes to his staffing, and retained the right to audit his law firm for compliance at any time. They also warned Mr. Rosenbaum that he would face penalties under the False Claims Act should he ever make another error with a conditional payments resolution. False Claims Act charges carry the weight of treble damages.
Humana v. Paris Blank LLP, 2016 WL 2745297 (E.D. Va., May 10, 2016).
Humana, a private insurer, issued a lien waiver against an enrollee’s lawyer for $191,612.09 – a number worth close to half of the $450,000 settlement — on the grounds that it was a secondary payer and entitled to repayment from any settlement. The law firm refused to pay, resulting in Humana suing for double damages.
Ultimately, the court found the argument that insurers offering Medicare Advantage Plans (MAPs) are eligible for repayment sufficiently convincing. The same legal theory that Medicare itself uses to recover payments made conditionally served Humana equally well.
Not only did the court find Paris Blank LLP in the wrong, Paris Blank’s malpractice insurer refused to cover the second set of damages.
Directly from the press release: “Attorneys … are often in the best position to ensure that Medicare’s conditional payments are repaid,” said U.S. Attorney Robert K. Hur.
“We intend to hold attorneys accountable for failing to make good on their obligations to repay Medicare for its conditional payments.”
The Maryland law firm was ultimately subject to a $250,000 fine payable to the United States government, mandatory changes to staffing, and a cold reminder that law firms should never disburse settlement proceeds until they’ve received a final demand from Medicare for any outstanding debt – however long that takes.
(1) PMLS’ Medicare Conditional Payments Lien Resolution Service – available exclusively to just the Trial Guides Community for the next ninety days for just $1, a discount of $749 from the price that Trial Guides has obtained for you. PMLS has never discounted this price. After this window they will never do this again. NO EXCEPTIONS.
(2) THE PMLS PROPRIETARY PAST AND FUTURE MEDICARE DISCLOSURE FORM – Your clients will get the basic knowledge that will enable them to give you direction on how they want their Medicare issues handled in writing for your file. Use this form to start the discussion with your client about how Medicare issues now and in the future can dilute their settlement dollars. Trial Lawyers need to document this important discussion, and this form does just that. PROCEED WITHOUT IT AT YOUR OWN PERIL. NO CHARGE.
(3) THE INSIDER’S GUIDE TO AVOIDING MSAs – FOR PLAINTIFF ATTORNEYS ONLY – A primer on how to avoid pushy defendants and most Liability MSAs without jeopardizing your client’s future Medicare benefits and without creating long-term liability for you – the trial attorney. You’ll be grateful you made this investment in your future long before the next settlement you negotiate disburses. NO CHARGE.
Total cost of all three of these dynamic, settlement preserving tools? $1.00
Nationally Recognized Expert and Speaker on Settlement Planning, MSP Provisions, and MSAs
Jack Meligan, RSP, BCFE, MSCC, CMSP-F is a nationally well-known expert on settlement planning, lien resolution, and Medicare Set-Asides (MSAs). As the founder of three separate firms dedicated to protecting plaintiffs’ interests regarding personal injury settlements including Settlement Professionals, Inc., Settlement Capital Advisors, LLC, and the Plaintiff’s MSA & Lien Solution, LLC, Over the course of his 30+-year long career, Jack is best known as an innovator and problem-solver for injured plaintiffs, having pioneered a number of proprietary strategies to defeat the most vexing financial obstacles that plaintiff trial lawyers encounter.
Jack Meligan’s work has helped over 1,400 attorneys and their clients increase their gross settlements before and during mediation. Additionally, increasing their net recoveries post settlement through lien reductions and MSA avoidance or minimization. As a Certified Medicare Secondary Payer Professional Fellow, founding president of the Society of Settlement Planners, and an accredited CLE provider, Jack Meligan is more than the clear leader in his field. He’s the information source many rely upon for questions involving MSAs, Medicare, conditional payment liens, and overcoming barriers to achieving maximum settlements.
“The professionals at PMLS stand alone in settlement planning and saving MSA dollars for my clients. They work with plaintiffs—and plaintiffs only—and have been leaders in advancing the art and providing protection for those who need it most. PMLS has my unqualified recommendations and endorsement.”
Monty L. Cain, Esq., Cain Law Office, Oklahoma City, OK
“When I brought my claimant’s medical records to be reviewed by PMLS for the purpose of performing an MSA Allocation Study, the result was that the MSA was nearly the entire net settlement. Luckily, the Medicare experts at PMLS had a game plan to avoid the MSA entirely, and it worked. I received a legal opinion that determined my client did not have to cut into their net settlement with an MSA and still protected their future Medicare benefits.“
Mark R. Bocci, Esq., Law Offices of Mark R. Bocci, Lake Oswego, OR, Member, Inner Circle of Advocates
“These folks really know what they are doing—saved one of my clients from potentially overfunding their voluntary Liability MSA to the tune of $247,538!”
Neil Jackson, Neil Jackson & Partners, Portland, OR, Immediate Past President Oregon Trial Lawyers Association
ACCESS THE TOOLS YOU NEED
To receive any of the 3 tools we are offering, please fill out the form below.
If you have any trouble with this form, then please call us directly at 503-699-8854 or 888-MSA-PLTF (888-672-7583)
We provide plaintiff attorneys with, hands down, the most DEADLY EFFECTIVE lien resolution service in existence. Deadly to lienholders, that is. Because we routinely deliver lien resolutions and reductions of 60%, 80% and even 100%.
At PMLS our battle cry is Financial Justice For Injury Victims. We work with Plaintiff Attorneys ONLY. Furthermore, we work hard to prevent ALL LMSAs and Medicare issues from taking any money from an injury victim’s settlement.
In fact, one of our most popular services is our $750 Medicare Conditional Payments Lien Resolution Service.
As shown above, Trial Guides has made it possible for you to receive this innovative service – One Time Only— for just $1.00.
This is not a trick and not a mirage. You can thank Trial Guides, Dr. Aaron DeShaw, and Lisa Carper, for obtaining this special benefit and offer:
If, in the next 90 days, you order our Medicare Conditional Payments Lien Resolution Service for one of your clients, then you will pay just ONE DOLLAR. Saving you $749.00 off our initial fee of $750.00.*
*Note: Our contingent fees for successfully resolving a Medicare Conditional Payment lien with a reduction that saves your client money is not part of this offer. Hey, we have to make something so we can pay our fierce lien litigators for their fantastic results.)
At The PLAINTIFF’S MSA AND LIEN SOLUTION ZERO IS THE HERO is an innovative tactic we introduced to the industry.
We also have copped an attitude. Basically, that attitude is that —“The Lienholders Are Owed Nothing”:
Attorneys are being sued, suspended, and even disbarred over Medicare issues!
In this video I tell you about three attorneys who have been impacted by Medicare issues, including one who was suspended, and another who was disbarred: plaintiffsmsa.com/from-jacks-desk-32-medicare-vs-trial-lawyers-its-worse-than-we-thought-suspended-disbarred
I regularly have plaintiff attorneys tell me –
“Until attorneys get sued over Medicare issues, I am not going to deal with them”
Well – attorneys ARE being sued over Medicare issues.
In this video I tell the story of FIVE different situations where attorneys faced monstrous Medicare issues. Specifically, four attorneys were sued over Medicare issues and one attorney was given disastrous advice directly from Medicare: www.AttorneysSuedOverMedicareIssues.com
If you are ready to have us help you with a Medicare conditional payments lien resolution situation, then please call us at 888-MSA-PLTF (888-672-7583. Or, this link here will take you to the order form you need to get started – plaintiffsmsa.com/3-tools-to-avoid-lmsas-and-medicare-issues-an-offer-exclusively-for-the-trial-guides-community
For more information about how THE PLAINTIFF’S MSA & LIEN SOLUTION can help you CONQUER your Medicare and lien problems, and possibly make them DISAPPEAR – go to the PMLS website at plaintiffsmsa.com, or call us at 888-MSA-PLTF (888-672-7583).
Regards,
Jack Meligan, RSP, BCFE, MSCC, CMSP-F
Your Medicare & Lien Problem Solver
P.S. I regularly create a PLAINTIFF’S MSA & LIEN SOLUTION video email and distribute this resource to plaintiff trial attorneys, and paralegals, who are serious about stopping Medicare issues cold.
In order to stay up to date on my insightful perspectives and strategies about Medicare and lien issues, subscribe to our email newsletter at: https://plaintiffsmsa.com/subscribe-jacks-medicare-issues-video-email/
In this video, Jack Meligan specifically shares how plaintiff attorneys serving injury victims can have Priceless Peace of Mind with regard to Medicare Conditional Payments lien resolution:
At The PLAINTIFF’S MSA & LIEN SOLUTION, we are all about “ZERO IS THE HERO.” An innovative tactic we introduced to the industry.
We have also copped an attitude. We believe, “The lienholders are owed nothing”
Here is Jack’s video about PMLS’ lien resolution services—“The Lienholders Are Owed Nothing”:
When you are ready to have us help you with a lien, click this link to download our service form: https://plaintiffsmsa.com/msa-lien-resolution-forms
If you want more information about how THE PLAINTIFF’S MSA & LIEN SOLUTION can help you CONQUER your Medicare and lien problems and possibly make them DISAPPEAR or get significantly reduced go to our PMLS website: plaintiffsmsa.com. Or, call us at 888-MSA-PLTF (888-672-7583). Also, check out our “Attorneys Sued Over Medicare Issues” resource here: www.AttorneysSuedOverMedicareIssues.com.
Medicare Conditional Payments occur when Medicare pays for services related to your client’s injuries or conditions that are the subject of the settlement. Medicaid, ERISA Plans, the VA and TriCare, all of these lienholders want to be repaid.
Often, these lien paybacks take a HUGE bite out of what your client ultimately receives. Possibly even the entire amount.
For more information see this Jack Meligan video below –
At The PLAINTIFF’S MSA & LIEN SOLUTION, “ZERO IS THE HERO” is an innovative approach and proprietary tactic we have introduced to the plaintiff’s bar.
We also have copped an attitude. That attitude is, “the lienholders aren’t owed anything.”
At PMLS our battle cry is “Financial Justice For Injury Victims” and we know all too well that when a lienholder presents a demand asking for a certain amount, it is highly likely that they are not actually (or legally) owed that much, or anything at all, and we work to protect and secure as much of your client’s settlement as possible. In fact, because of our unique contingent fee schedule, we are hyper-incentivized to deliver SPECTACULAR RESULTS.
If you want more information about how THE PLAINTIFF’S MSA & LIEN SOLUTION can CONQUER your Medicare and lien problems and make them DISAPPEAR or get significantly reduced, go to our PMLS website at: plaintiffsmsa.com, or call me at 888-MSA-PLTF (888-672-7583). Or check our other “Attorneys Sued Over Medicare Issues” resource www.AttorneysSuedOverMedicareIssues.com.
“Jack, Please, stop unfairly fanning the flames of fear…”
Jack Meligan released a video about Medicare entitled “Are You Violating Medicare’s Rules of the Road?” One of the comments Jack received to this video began with that very phrase above. (See below to view the entirety of this comment)
“Jack, Please, stop unfairly fanning the flames of fear to hype your services ! This is NOT an example of needing an LMSA; it is purely an example of the plaintiff’s attorney’s failure to abide by the strict rules requiring a final demand letter at the time of settlement and repaying to Medicare the reduced conditional payments; it is that simple; this lawyer messed up; if they had handled this correctly, no LMSA is required, and your “violating medicare’s rules of the road” would be meaningless, sorry, that’s the truth”
“XXXXX XXXXX”
“I am not trying to, as you say, unfairly (or otherwise) fan the flames of fear to hype our services. If that is your impression then I need to do a better job of explaining myself in these videos. Bear with me, I will improve.
I have reported previously on two DOJ settlements with Trial Lawyers who ignored Medicare Conditional Payment issues in their cases and suffered consequences. I have also reported on 5 Trial Lawyers that have been sued by Medicare Advantage Plans/Organizations for failing to resolve those liens. At least one of those cases resulted in the payment of double damages. In my opinion, none of this is fanning the flames of fear. None of this is hype. I am just reporting the facts. If fear is the reaction, is that me as an outside agency? Or is that a viewer’s inner voice warning that the facts present potential dangers that need to be avoided?
In this video I am reporting on a Medicare Conditional Payment Notice that was addressed to and received by a Medicare beneficiary. It was evidently not sent to the beneficiary’s attorney as there is not a cc to an attorney. Nor has Medicare/CMS received a settlement statement on this beneficiary’s settlement. Based upon the information that is missing on page 2 of this CPN, the RRE has evidently reported the settlement as required by law, but the beneficiary’s attorney (if they had one) has not contacted Medicare regarding resolving these conditional payments. My point in this video is that this letter is evidence that Medicare/CMS can and will seek repayment for services that occurred post-settlement. In essence, that the post-settlement payments are also conditional payments, just like pre-settlement payments for services. Top Medicare Lawyers have stated publicly and privately that this is confirmation that Medicare is moving to a whole other level in this regard. I agree and decided to create a video about it.
The other point of my creating this video is to get the word out so that Trial Lawyers can consider this evidence and its implications, and then decide for themselves what actions to take. Ignoring these issues is not the prudent course for most Trial Lawyers. Yet, judging by the DOJ’s recent actions and the other court and bar proceedings that I have discovered and reported on, that seems to be the strategy that many other lawyers have chosen. I am hoping to change that.
The facts tell us that ignoring Medicare’s rules can lead to consequences, some of which are severe. Addressing Medicare issues early and head-on can lead to the same result those “other” lawyers initially hoped for. Namely, little or none of the plaintiff’s net settlement being impacted. The former can spawn feelings of dread and fear. The latter provides safety, certainty and finality.
Nowhere in this video, or any other that I have previously recorded, do I present this CPN letter (or any other previous circumstance, for that matter) as an example of someone needing an LMSA. I don’t do that. If there was an attorney involved in this case (and I suspect there was) then I am in complete agreement with you. The lawyer messed up and this situation could have probably been avoided if they had handled this correctly. But I certainly did not “hype” my firm providing an LMSA as the solution, because that is not the solution. What I hyped at the end of the video is that we provide Medicare Conditional Payment resolution services, along with resolution services for all types of liens. Our MCP lien res service is what I am hyping as a possible solution for those Trial Lawyers that want to avoid the “Muddled Maze of Medicare” and want to have this done for them, removing the worry about whether they or their staff have handled it correctly or, alternatively, the worry that they have just created more liability for the firm.
As for LMSAs, I and my firm preach avoidance. It is our religion. We offer free initial phone consults that start with a review of my “3 Ways to Avoid an MSA.” As far as we can tell, we are the ONLY firm in the country that starts the conversation with a discussion of whether a particular plaintiff can qualify to use one of my proprietary “3 Ways”. And our record speaks for itself. Our case logs and records show that we are successful in helping over 67% of the cases we consult on, avoid an LMSA. And we do that without jeopardizing the plaintiff’s future Medicare benefits or exposing the Trial Lawyer to a potential long-tail liability. We provide to plaintiffs the advice that we would want if the tables were turned.
We believe that the best Plaintiff’s MSA is a “NO” or “ZERO” MSA. Failing that, the next best Plaintiff’s MSA is a “LOW” MSA. The lower, the better. We guarantee that our recommended Allocation amounts are the lowest, rock-bottom amount that is both reasonable and defensible. Many of our competitors believe and promote just the opposite position. Their business model evidently requires it.
LMSAs are not required by law. They are voluntarily created by plaintiffs that 1.) cannot qualify to avoid Medicare potentially sending them Denial of Payment notices for services related to their injuries that were released in their settlement; 2.) whose settlements contain compensation for future medicals; and 3.) want the safety and security that they will have money to pay future Medicare–allowable bills related to their case settlement. Plaintiffs that cannot avoid the possibility of Medicare denials may hire us to create an MSA Allocation report that identifies our medical team’s opinion of the size and extent of their total liability for future Medicare “settlement-related” services for their lifetime. Some then want to create a segregated account or arrangement from which can be paid the future bills for Medicare-allowable services that are directly related to the injuries/conditions that are or were the subject of their settlement. If they decide to pass on Self-Administration, many hire us to professionally administer their account. These are services we provide for a fee, along with our lien resolution services.
Most of our income is from the advice and services we provide on the front-end of an engagement. A good portion comes from our lien res services. The smallest piece comes from creating and administering LMSA accounts. I structured our firm so that we can be a viable business without having to resort to pushing plaintiffs into unnecessary and/or over-funded LMSAs. And so far, so good. We are thriving.
Medicare’s “Rules of the Road” since 1980 state that Medicare is secondary to all forms of insurance, and that Medicare is precluded from paying for services once they discover a plaintiff’s settlement. Trial Lawyers that fail to resolve a client’s conditional payment issues are clearly in violation of Medicare’s rules, and this Conditional Payment Notice is concrete evidence that Medicare/CMS has stepped up their enforcement and recovery efforts of both pre and post-settlement conditional payments. It will certainly be interesting to watch for further developments…”
If you want more information about how THE PLAINTIFF’S MSA & LIEN SOLUTION can help you CONQUER your Medicare and lien problems and possibly make them DISAPPEAR or get significantly reduced go to our PMLS website at plaintiffsmsa.com, or call me at 888-MSA-PLTF (888-672-7583). Or check our other “Attorneys Sued Over Medicare Issues” resource: www.AttorneysSuedOverMedicareIssues.com.
You might be. In this in-depth, informative video, Jack Meligan shares “Earth Shaking” Medicare news for plaintiff attorneys who serve injury victims. In fact, here’s the part you can’t afford to miss.
You are welcome to skip ahead to the 5 minute 45 second mark where Jack holds up to the camera a copy of the “smoking gun” CMS letter dated March 5, 2019 that he was recently given.
However, you won’t want to miss the rest. Once you understand the implications of that letter you’ll want to watch this video from the beginning. Not just that, but in its entirety.
Don’t risk it. Protect yourself and your firm from the very real, possible and significant pitfalls that Medicare can visit upon the both of you.
Call PMLS, and let us help you avoid Medicare issues like these: 888-MSA-PLTF (888-672-7583).
In this video, Jack also references Rick Friedman’s excellent book Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability.
Better yet, here is the link to get yourself a copy if you don’t already have one – www.amazon.com/Rules-Plaintiff-Lawyers-Proving-Liability/dp/1934833177
In order to stay up to date on Jack’s insightful perspectives and strategies about Medicare and lien issues, subscribe to our email newsletter at: plaintiffsmsa.com/subscribe-jacks-medicare-issues-video-email
If you want more information about how THE PLAINTIFF’S MSA & LIEN SOLUTION can help you CONQUER your Medicare and lien problems and possibly make them DISAPPEAR or get significantly reduced go to our PMLS website at: plaintiffsmsa.com, or call me at 888-MSA-PLTF (888-672-7583). Or check our other “Attorneys Sued Over Medicare Issues” resource here: www.AttorneysSuedOverMedicareIssues.com.
A law firm recently had to write a $250,000 check over issues related to Medicare conditional payments.
In this video Jack tells the story, and gives you his perspective and counsel, so you don’t ever have to write a check like this.
“I would have never settled this case if I had known that this was all I was going to get.”
Those are words that you never want your client to say, and as Jack shares in this video, we have an easy solution for this.
Call us and let us help you avoid Medicare issues like these – 888-MSA-PLTF (888-672-7583).
To Watch From Jack’s Desk #33: Medicare BS & Trial Lawyers –
It’s Worse Than You Think go to – plaintiffsmsa.com/from-jacks-desk-33-medicare-bs-trial-lawyers-its-worse-than-you-think
In order to stay up to date on Jack’s insightful perspectives and strategies about Medicare and lien issues, subscribe to our email newsletter at: plaintiffsmsa.com/subscribe-jacks-medicare-issues-video-email
If you want more information about how THE PLAINTIFF’S MSA & LIEN SOLUTION can help you CONQUER your Medicare and lien problems and possibly make them DISAPPEAR or get significantly reduced go to our PMLS website at plaintiffsmsa.com, or call me at 888-MSA-PLTF (888-672-7583). Or check our other “Attorneys Sued Over Medicare Issues” resource here: www.AttorneysSuedOverMedicareIssues.com.
We recently assisted an attorney based out of the great state of New York with an MSA. In the process, saving the injury victim from having to put an unnecessary $294,611.75 into their Liability MSA. In other words, making 93% of an MSA disappear.
At PMLS our battle cry is ZERO IS THE HERO!
We have three ways to avoid an MSA. When we can’t make an MSA disappear entirely, we work to see that it is MASSIVELY REDUCED. Specifically, to the lowest rock-bottom amount that is reasonable and defensible.
In the case above, the plaintiff’s injury occurred in an incident involving ice. We were able to reduce the MSA from $314,094.91 to $19,483.16, saving the injury victim $294,611.75.
If you are ready to have us CONQUER your Medicare and lien problems and make them DISAPPEAR – call us at 888-MSA-PLTF or 888-672-7583.
For more information about ZERO IS THE HERO, see this link here — plaintiffsmsa.com/zero-is-the-hero
THEN – Check out our Three Ways to Avoid an LMSA resource to learn even more about our innovative approach!