Most litigations resulting in an injury related recovery will need to ensure compliance with statutory and contractual obligations through the resolution of healthcare related liens. LitPRO brings over 30 years of combined experience in navigating this crucial area of the settlement timeline. Our approach is to maximize settlement dollars by leveraging our relationships and our tested and proven internal processes to alleviate the challenges currently facing our clients.
The Medicare Secondary Payer Act (“MSP”) states that injury-related benefits paid by Medicare are conditional in the sense that those benefits must be reimbursed to Medicare when a third party recovery occurs. The benefits for non-compliance can be steep and can affect the injured party and the injured parties attorney, as well as the defendant and defendant’s attorney. LitPRO assists in ensuring that Medicare’s recovery rights are adhered to while also ensuring that Medicare is only reimbursed for injury related care and, where possible, that all administrative remedies are exhausted so that the maximum amount of recovery still flows to the injured party.
Similar to Medicare, each State Medicaid agency has a right to recover benefits paid as the result of injury-related care. Each of these agencies is tasked with administering their own reimbursement program, which presents several unique challenges for those tasked with resolving these obligations. LitPro is well versed in each agencies policies and procedures and, when possible, will extend invitations to create individualized programs based on specific litigations.
Outside of Medicare and Medicaid, federal rights of recovery are also extended to other benefit agencies including Veterans Affairs, Military (i.e., TriCare), and the Federal Bureau of Workers Compensation. Each of these agencies have differing recovery rights and methods of recovery. In addition to the complexities added by inexperience with handling these reimbursement obligations, attorneys are often surprised at the extensive amount of time it can take to reach resolution. This often leads to recovered funds sitting in escrow for many months. LitPro leverages existing contacts with these agencies to ensure compliance while expediting resolution so that injured parties are able to receive compensation as quickly as possible.
Non-governmental health insurers are commonly known as Private Healthcare Payers, which include Employee Retirement Income Security Act (“ERISA”) plans. While many of these Healthcare Payers have a contractual right to recovery, state and common law may act to limit or extinguish that right. LitPro’s experts have a wealth of knowledge and experience in dealing with these types of healthcare obligations. They are able to quickly assess the right of recovery in question and deploy skilled negotiations to ensure that these plans are only recovering what they are entitled to, while also factoring in the fair and equitable principles presented by individual cases.
LitPro specializes in the legal administration of asbestos cases. We understand the complexities and urgency involved in these types of cases. With streamlined processes and established lien holder relationships, we strategically navigate multiple settlements, multiple defendants, and multiple lien holders on behalf of our clients.
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