Difficult clients, short deadlines and unfavorable facts are all headaches that lawyers share. So too are Medicare and Medicaid liens. For years, the plaintiffs’ bar has been saddled with the responsibility to resolve these liens before finalizing a personal injury settlement. Delays in resolution routinely cost claimants months or more before money is distributed.

In light of a new law, which will take effect this summer, delays in Medicaid/Medicare resolution will likely increase dramatically as defendants will now bear the burden of lien confirmation and resolution. Insurance carriers and self-insured defendants will face fines if they fund personal injury settlements or judgments without first verifying whether a claimant has a Medicaid or Medicare lien. If there is a lien, the defendants must confirm resolution of that lien before fully funding a settlement. With the enactment of the Medicare, Medicaid and State Children’s Health Insurance Program, or SCHIP, Extension Act of 2007, these changes take effect July 1, 2009.

The Medicare, Medicaid and SCHIP Extension Act of 2007

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]