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Medicare Advantage Plan liens are more of a threat to your client’s settlement than you may realize. Why? Their rules of the road when it comes to recovery of Conditional Payments.
The statute of limitations for Medicare’s recovery of Conditional Payments is three years from the date they have notice that your client has had a settlement. However, the same does not apply to Medicare Advantage Organizations (MAOs).
In fact, MAOs have no statute of limitations. They can come back to you or your client for money they think your client owes them at any time. Even months, years and decades after settlement. Virtually, forever.
This is a huge problem. Don’t let these rules of the road put you and your client at risk. Watch my video below to learn the best way to resolve this threat.
I’ll see you again next week!
*If you have any topics, cases, stories, or questions that you’d like me to cover in an upcoming video, shoot us an email at: info@plaintiffsmsa.com. We’d be happy to review it for a possible upcoming topic.
Jack Meligan, RSP, MSCC, CMSP-F
The Plaintiff’s MSA & Lien Solution
I hope this year has been going well for you so far, or at least, better than it has been for Simon & Simon, P.C. Simon & Simon, P.C. is the fourth firm to take a hit from Medicare, and they won’t be the last.
After getting nailed for failing to resolve their clients’ Medicare Conditional Payments, Simon & Simon, P.C. settled with the DOJ for $6,604.59 and a whole host of other conditions.
Folks, I can’t stress the risks of unresolved Medicare Conditional Payments enough.
CMS is making their message clear. They are looking for lawyers who aren’t protecting the Medicare Public Trust Fund and making examples out of them. I encourage you to learn more about this case in the video below, and shoot me an email with any questions that come out of it.
Within the press release that I reference above is one very important quote from United States Attorney William M. McSwain. In fact, it’s one that every trial attorney serving injury victims needs to be aware of.
Here is a link to that DOJ Press release so you can read it for yourself: https://www.justice.gov/usao-edpa/pr/philadelphia-based-personal-injury-law-firm-agrees-resolve-allegations-unpaid-medicare
Don’t be the next attorney or firm to take a hit from Medicare! Take the target off of you and your firm’s back by outsourcing these Medicare Conditional Payment matters to professionals who deal with liens day in and day out.
Give us a call at 888-MSA-PLTF (888-672-7583) or send us an email at info@plaintiffsmsa.com.
I’ll see you again next week!
*If you have any topics, cases, stories, or questions that you’d like me to cover in an upcoming video, shoot us an email at: info@plaintiffsmsa.com. We’d be happy to review it for a possible upcoming topic.
Jack Meligan, RSP, MSCC, CMSP-F
The Plaintiff’s MSA & Lien Solution
We believe in starting our lien negotiations with the attitude that the lien holders are owed nothing. When that isn’t possible, we look for the option that leaves the claimant with the most money. In this case, helping the attorney achieve a dramatic reduction of 90% on a Medicaid lien, creating over $80,000 in savings for the claimant.
How did we do it?
The Claimant: A man from Alaska was shot 3 times, one damaging his spinal cord.
The Injuries: Sustained partial paralysis.
The Problem? This client’s net settlement didn’t leave him with enough money to pay the liens. He had a $110k medical bill to Medicaid that he couldn’t pay.
Here’s what happened in 60 seconds:
This case is a great example of the results that we can achieve for your client.
Help your clients, your staff, and yourself by submitting your settlement liens to the Plaintiff’s MSA & Lien Solution AND free yourself to focus on your practice.
Our lien resolution specialists make their living by delivering excellent results for personal injury claimants around the nation.
If these are the type of results you want for your client, shoot us an email at info@plaintiffsmsa.com or give Jack Meligan a call at 888-MSA-PLTF (888-672-7583).
See you again soon,
Jack Meligan, RSP, MSCC, CMSP-F
The Plaintiff’s MSA & Lien Solution
The Trump Administration is proposing a world record, near $5 TRILLION federal budget for fiscal year 2021 (beginning 10/01/2020). This budget also proposes massively CUTTING Social Security and Medicare funding by a TRILLION DOLLARS OVER THE NEXT DECADE.
Essentially, this shows that the government is “throwing in the towel.” They are scrapping any pretense of actually trying to save either program, and may also be hastening the decline of both.
As a result, Trial Lawyers should expect increased collection and recovery pressure on past conditional payments, and denial of payments for future settlement-related Medicare services. Think “drowning man” syndrome. Especially as the Medicare bureaucracy thrashes about, trying to glom onto anything that will keep it afloat.
Don’t let the same thing happen to you! Watch my latest video for a simple suggestion to keep you and your clients above water.
I’ll see you again next week!
*If you have any topics, cases, stories, or questions that you’d like Jack to cover in an upcoming video, shoot us an email at: info@plaintiffsmsa.com and we’d be happy to review for a possible upcoming topic.
Jack Meligan, RSP, MSCC, CMSP-F
The Plaintiff’s MSA & Lien Solution
For Plaintiff Lawyers Serious About Stopping Medicare Issues COLD
New Year, New Resolutions. At PMLS, for 2020, our resolution is to become the GO-TO resource for Trial Lawyers nationwide for all types of liens and all things involving Plaintiff Medicare Secondary Payer compliance. We also want to continue to be the leader in providing MSA AVOIDANCE and/or dramatic funding reductions.
For Plaintiff Lawyers Serious About Stopping Medicare Issues COLD
The Centers for Medicare & Medicaid Services (CMS) has updated the release date for its forthcoming regulation addressing future medical expenses under the Medicare Secondary Payer (MSP) Act.
In this video Jack shares what you need to know, and provides guidance about how you & your firm can prepare for the coming changes.
Struck by a Concrete Truck & MSA Reduced to ZERO – Another PMLS Victory for Claimant & Attorney
For Plaintiff Lawyers Serious About Stopping Medicare Issues COLD
This time, PMLS shares the story of an injury victim struck by a concrete truck. More importantly, he also shares how PMLS was able to reduce this victim’s MSA to zero.
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 https://plaintiffsmsa.com, or call us at 888-MSA-PLTF (888-672-7583).
P.S. View our “Attorneys Sued Over Medicare Issues” resource at: https://plaintiffsmsa.com/attorneys-sued-over-medicare-issues/
From Jack’s Desk: PMLS Video #44
Medicare & Dental Work – Teeth Are a Luxury
Jack Meligan had a plaintiff attorney reach out to him asking for some insight about helping an injury victim who needed some dental work done.
2020’s Medicare open enrollment deadline is December 7th, 2019. In this video, Jack shares Medicare’s position on dental work. He also gives you a work-around, should you ever find yourself working with an injury victim who needs dental work.
Medicare is Pivoting and Change is Coming
Make sure that you and your firm are ready.
Avoiding MSAs – At PMLS we have created tools and resources to help plaintiff attorneys avoid MSAs:
THE INSIDER’S GUIDE TO AVOIDING MSAs – If you would like to download our free resource – “THE INSIDER’S GUIDE TO AVOIDING MSAs”– see this link: http://www.avoidingmsas.com
THE 3 WAYS TO AVOID AN LMSA TOOLKIT – If you would like to purchase “THE 3 WAYS TO AVOID AN LMSA TOOLKIT,” see this link: https://plaintiffsmsa.com/order-the-three-ways-to-avoid-an-lmsa-toolkit/?page=toolkit
If you are ready to have the THE PLAINTIFF’S MSA & LIEN SOLUTION help you CONQUER your and possibly make them DISAPPEAR or get significantly reduced, then go to our website plaintiffsmsa.com. Or, call us at 888-MSA-PLTF (888-672-7583) for a no charge, no obligation initial consult.
Also, check out our “Attorneys Sued Over Medicare Issues” resource: www.AttorneysSuedOverMedicareIssues.com
P.S. “I have known and worked with Meligan and his firm for almost 20 years. They know this stuff. These folks are easy to work with, and you are likely to learn something that makes your life easier.”
— Rick H. Friedman, Friedman | Rubin, Seattle, WA
From Jack’s Desk: PMLS Video #45 The Nasty Surprise at Mediation – When the Defendant Requires a Last Minute MSA
Jack Meligan recently had a number of attorneys tell him about the nasty surprise that defendants have been springing on them. Defendants have been requiring Liability MSAs — last minute — at the mediation table.
In this video, Jack shares what you can do to head this off and help your clients avoid unnecessary MSAs.
Medicare is Pivoting and Change is Coming
Make sure that you and your firm are ready.
Avoiding MSAs – At PMLS we have created tools and resources to help plaintiff attorneys avoid MSAs.
THE INSIDER’S GUIDE TO AVOIDING MSAs – To download our free resource – “THE INSIDER’S GUIDE TO AVOIDING MSAs”– see this link: http://www.avoidingmsas.com
THE 3 WAYS TO AVOID AN LMSA TOOLKIT – To purchase “THE 3 WAYS TO AVOID AN LMSA TOOLKIT,” see this link: https://plaintiffsmsa.com/order-the-three-ways-to-avoid-an-lmsa-toolkit/?page=toolkit
If you are ready to have the THE PLAINTIFF’S MSA & LIEN SOLUTION help you CONQUER your and possibly make them DISAPPEAR or get significantly reduced, then go to our website plaintiffsmsa.com. Or, call us at 888-MSA-PLTF (888-672-7583) for a no charge, no-obligation initial consult.
Also, check out our “Attorneys Sued Over Medicare Issues” resource: www.AttorneysSuedOverMedicareIssues.com.
P.S. “We used your MSA strategy during my client’s mediation. It resulted in defendants adding $1.2 million to their previous offer, which settled the case. Your post settlement MSA strategy increased the net to our client by over $800,000. I am very happy with this $2,000,000 improvement to our case settlement.”
— Joe Piucci, Esq., Piucci Law, Portland, OR
From Jack’s Desk: PMLS Video #42 DOJ Escalates the Targeting of Trial Attorneys
Another big settlement reached between the DOJ and trial attorneys! This time, a Baltimore law firm has paid $91,406.98 to resolve allegations related to Medicare Conditional Payments.
The details of this case reveal that the DOJ has significantly upped the ante. They make it clear that entering into a joint agreement with co-counsel can make you an accessory to the violation of mishandling Medicare Conditional Payments. Jack has the news and analysis for you.
Medicare is Pivoting and Change is Coming
Make sure that you and your firm are ready.
Within the DOJ press release that Jack refers to in the video above are two salient quotes every trial attorney serving injury victims needs to be cognizant of:
“Plaintiffs’ attorneys cannot refer a case to or enter into a joint representation agreement with co-counsel and simply wash their hands clean of their obligations to reimburse Medicare for its conditional payments,”
“We intend to hold attorneys accountable for failing to make good on their obligations to repay Medicare for its conditional payments, regardless of whether they were the ones primarily handling the litigation for the plaintiff.”
Here is a link to that DOJ Press release so you can see it with your own eyes: https://www.justice.gov/usao-md/pr/baltimore-plaintiffs-law-firm-saiontz-kirk-pa-pays-united-states-over-90000-settle
We’ve told you before about other attorneys who have been sued over Medicare issues – see this link for more information: www.AttorneysSuedOverMedicareIssues.com
Don’t Let This Happen to You!
If you are ready to have the THE PLAINTIFF’S MSA & LIEN SOLUTION help you CONQUER your and possibly make them DISAPPEAR or get significantly reduced, then go to our website plaintiffsmsa.com. Or, call us at 888-MSA-PLTF (888-672-7583) for a no charge, no obligation initial consult.
P.S. “I have known and worked with Meligan and his firm for almost 20 years. They know this stuff. These folks are easy to work with, and you are likely to learn something that makes your life easier.”
— Rick H. Friedman, Friedman | Rubin, Seattle, WA
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