New! Three Tools for Plaintiffs’ Attorneys Navigating Medicare Conditional Payments, MSAs, and all other Medicare Developments
Do you expect to negotiate a major settlement in the next four months? Order this set of three tools today to ensure that resolving Medicare Issues won’t seriously deplete the settlement you secured for your client.
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:
- PMLS’ Medicare Conditional Payments Lien Resolution Service
- THE PMLS PROPRIETARY PAST AND FUTURE MEDICARE DISCLOSURE FORM
- THE INSIDER’S GUIDE TO AVOIDING MSAs – FOR PLAINTIFF ATTORNEYS ONLY
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.
CMS confirmed the settlement was iron-clad – and then sent a demand letter sixty days later.
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.
$28,000 fine and the threat of treble damages
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.
Double damages on a lien already worth nearly half the entire settlement
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.
Attorneys held directly responsible for repaying Medicare for $250,000 of conditional payments
Press Release, Maryland Law Firm Meyers, Rodbell & Rosenbaum, P.A., Agrees to Pay the United States $250,000 to Settle Claims that it Did Not Reimburse Medicare for Payments Made on Behalf of a Firm Client (March 19, 2019)
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.
THE THREE DYNAMIC TOOLS:
(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
Meet Jack Meligan, the creator of these tools
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.
Here’s What Others Have to Say…
“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
How To Order
To receive any of the 3 tools we are offering, please fill out the form below.
Our Lien Resolution Service is Deadly to Lienholders
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.)
“The Lienholders Aren’t Owed Anything”
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”:
From Jack’s Desk #32: Medicare vs. Trial Lawyers –
It’s Worse Than We Thought – Sued, Suspended & Disbarred
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
From Jack’s Desk #27 Attorneys Sued Over Medicare Issues
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
Put Us To Work On Your Medicare Conditional Payments Lien Resolution Situation
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).
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/