Synergy Blog

TOP 50 MOST UNREASONABLE HOSPITAL LIENS

Increasingly trial attorneys are discovering that settlement of a personal injury or wrongful death claim with the tortfeasor can be the beginning not the end of negotiations or even litigation. Once settlement funds are received, the often-protracted lien resolution process begins, especially hospital liens. Hospitals typically demand reimbursement of their full, undiscounted list prices for…

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Planning for Liquidity is Critical to the Settlement Plan

For catastrophically injured clients, cash requirements which are immediate, as well as those in the future, need to be considered when devising the settlement plan.  This is so because without taking it into account, many settlement plans are devised with insufficient liquid assets to properly address the needs without significant market losses.  Investopedia defines liquidity…

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Medicare Lien Surprise: Don’t Ever Rely on a Conditional Payment Letter

An intriguing case, Mayo v NYU Langone Med. Ctr., just came out of the Supreme Court of New York, reminding the trial bar that when resolving a conditional payment for a Medicare beneficiary only the “Final Demand” letter is final.  Reliance upon a “Conditional Payment Letter” (CPL) is inappropriate.  The Mayo case revolved around whether…

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Big Data and Medicare – Recipe for Disaster

Josh Pettingill, MBA, MS, MSCC Introduction A vital step to navigating the MSP statute is understanding the dynamics between the Section 111 Reporting Requirement and the potential interplay for a Liability Medicare Set Aside (LMSA). The MSP statute precludes Medicare from paying for any item or service when payment has been made by a liability…

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Medicare Advantage Private Cause of Action is Now Sweeping the Country

Medicare Advantage Private Cause of Action is Now Sweeping the Country Courts across the country continue to rule that Medicare Advantage Plans (MAP or MAO) are enforceable and shall be entitled to double damages if not repaid in third party liability situations.  The trial bar has been aware of this significant exposure since 2016 when…

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Rawlings, no Mother Theresa

ERISA Recovery Giant George Rawlings Chronicled in Article Entitled “Bounty hunter George Rawlings may be the richest Kentuckian you’ve never heard of”. Synergy’s Director of Lien Resolution, Dave Place is quoted in the article as saying that Rawlings is “no Mother Theresa”. To read the article, go to https://www.courier-journal.com/story/news/2018/04/05/insurance-bounty-hunter-george-rawlings/1035929001/ Another article about Rawlings “Way” was…

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Cutting Through the Alphabet Soup of Public Benefits

What happens when someone suffers a serious or catastrophic personal physical injury causing permanent disability? Do they get the proper counseling regarding the form of the settlement so as to protect their current assets, preserve public benefits and safeguard the physical injury recovery? Will the recovery be sufficient to pay for all of the victim’s…

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ERISA Liens – Back to the Basics

ERISA is a very complex federal statute that has been interpreted very negatively for personal injury victims by the United States Supreme Court. The goal of this blog post is to explain ERISA and its impact when settling case in a very simple way. Key takeaways: ERISA is a federal statute that protects self-funded employer-based…

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Defer Taxation of Your Legal Fees and Take Control of Timing of Income

Many attorneys have questions when it comes to how to avoid the spikes in income and the accompanying taxation common with contingent legal fees. There are custom tailored solutions for attorneys who work on a contingent fee basis to avoid these issues. Attorney fee structures and deferred compensation arrangements allow lawyers to avoid taking income…

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Ahlborn is Alive & Well

Since the landmark decision by the US Supreme Court in Arkansas Department of Health and Human Services v. Ahlborn in 2006, state Medicaid agencies have grappled with how to recover monies spent for injury related care through their third party liability statutes without violating the Ahlborn decision.  Many states continued to apply third party recover…

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Turn to Synergy in 2018

It is a New Year and time to experience the power of Synergy. Synergy allows trial lawyers to focus on what they do best by handling the difficult issues at settlement such as lien resolution, Medicare Secondary Payer Compliance, public benefit preservation, settlement planning (including tax-free structured settlements) and tax deferral of contingent legal fees….

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Limitations on Hospital/Provider Liens When the Plaintiff is on Medicare

By David L. Place, J.D. One of the most difficult issues trial counsel must resolve involves addressing hospitals/providers liens for Medicare clients.   Recently the Centers for Medicare and Medicaid Services (CMS), via the Medicare Learning Network (MLN), released policy memo SE17018 which provides excellent and concise answers to most of these issues. This memo addresses when…

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Liability Medicare Set Asides (LMSAs): October is Here! Now What?

By B. Josh Pettingill, MBA, MS, MSCC & Jason D. Lazarus, J.D., LL.M., MSCC The debate regarding addressing Medicare’s future interest in liability settlements is filled with nuance and subtleties. An essential step in understanding the big picture is starting with the genesis of set asides, the Medicare Secondary Payer (MSP) Statute. Although, the finer…

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