Lien Consulting:
Navigating the complexities of medical liens requires a strategic and informed approach. Our Lien Consulting services provide attorneys with expert guidance on identifying, evaluating, and addressing lien claims within personal injury cases. We analyze the validity and enforceability of asserted liens, assess potential reductions, and develop customized strategies to protect both attorney fees and client net recoveries. Whether dealing with ERISA, Medicare, Medicaid, or private healthcare liens, our consulting services equip attorneys with the knowledge and tools necessary to achieve optimal case outcomes.
Lien Resolution Services:
Medical liens can significantly impact a client’s net recovery from settlement or judgment. Our Lien Resolution Services focus on aggressively negotiating reductions and securing favorable terms for repayment, ensuring that clients retain a fair portion of their recovery. We handle direct negotiations with lienholders, including hospitals, insurance companies, government entities, and subrogation firms, leveraging our expertise in statutory and contractual reimbursement rights to minimize financial obligations. With a deep understanding of California and Federal lien laws, we provide attorneys with effective solutions to resolve liens efficiently and equitably.
Entrusting your lien re...
Future Medical Care:
Ensuring that clients have access to Future Medical Care without compromising their legal recovery is a critical aspect of personal injury representation. We assist attorneys in structuring settlements that account for ongoing medical needs while mitigating lien exposure. Our services include evaluating future medical costs, advising on structured settlements, and negotiating with lienholders to prevent excessive claims on anticipated medical expenses. Whether addressing Medicare Set-Asides (MSAs) or securing lien reductions for anticipated treatment, we help attorneys protect their clients’ long-term medical and financial well-being.
Lien Processing:
Managing liens effectively requires diligence, organization, and a proactive approach. Our Lien Processing services streamline the administrative burden for attorneys by handling all aspects of lien documentation, verification, and communication with lienholders. We ensure that all necessary notices, requests for reductions, and dispute resolutions are properly executed, allowing attorneys to focus on case litigation while we manage the lien process. From initial intake and lien identification to final resolution, we provide comprehensive support to maintain compliance and maximize settlement efficiency.
ERISA Liens
ERISA-based health plans often assert aggressive reimbursement claims that can dramatically reduce your client’s recovery. ERISA liens and ERISA plans present unique and complex issues of Federal Law, and issues of federal preemption of state laws. ERISA plans may be funded by contribution from both the employer and employee (Self-Funded) or by purchased insurance coverage. If self-funded, ERISA preempts state law, and is subject to a complex web of decisional, statutory and regulatory Federal law, and typically entail active engagement with not only the acting subrogation agent, but also the plan’s claims administrator and plan administrator to reach an equitable resolution on b...
Surrogacy-Related Lien and Reimbursement Claims
Gestational Surrogacy arrangements are integral in assisting reproductively challenged couples and individuals realize their dreams of children and family of their own. Unfortunately, many health plans contain surrogacy reimbursement provisions which require the surrogate to reimburse the plan for costs of all service or benefits provided relating to the surrogate pregnancy, up to the full amount of the surrogate’s compensation. This cost is, in turn, passed on to the intended parents, dramatically escalating surrogacy expenses.
The Lien Project has extensive and unparalleled experience in negotiating, reducing and resolving health plan lien and reimbursement claims on behalf of surro...
Medicare Liens
Failure to properly address Medicare’s reimbursement rights can delay disbursements, trigger audits, and expose attorneys to liability. We provide comprehensive Medicare lien resolution services—from Mandatory Insurer Reporting (MIR) compliance and Conditional Payment Letter analysis to negotiating final demands and submitting waiver requests. The Lien Project, PC ensures all interactions with CMS follow strict federal procedures while actively working to reduce your client’s repayment obligations. We handle the red tape so you can disburse confidently and compliantly.
In addition, our attorneys are CMSP certified by LASIE in Medicare Secondary Payer Compliance, bring...
Medicaid (Medi-Cal) Liens
Each state’s Medicaid program operates under its own rules—but all are subject to federal restrictions on recovery. We evaluate charge validity, trace third-party liability, and utilize statutory limitations and strategies to seek meaningful reductions. Whether challenging overbroad recovery efforts or coordinating with state agencies to finalize an equitable compromise, we manage the process end-to-end.
At the Lien Project, we have extensive experience negotiating Medicaid lien reductions with state agencies such as DHCS, and navigating agency bureaucracy to identify and resolve roadblocks to expeditious resolution of Medi-Cal/Medicaid liens. Our team ensures that Medi-Cal and ...
FEHBA (Federal Employees Health Benefits Act) Claims
Current and former federal employees and their dependents may have medical coverage provided under the Federal Employee Health Benefits (FEHB) program. If so, you may have a lien issue arising under Federal Employees Health Benefits Act (FEHBA) of 1959 (5 U.S.C. 8901 et seq.)
FEHBA health plans administered under FEHBA can assert aggressive lien and subrogation rights. FEHBA liens are unique and can be difficult to resolve. Like Medicare, FEHBA coverage is secondary to the liability coverage of the third-party tortfeasor. FEHBA health plan contracts preempt state law and are able to define their own rules regarding subrogation and reimbursement liens. However, these plans are not immune to ...
MCRA (Medical Care Recovery Act) Claims
When the United States asserts a lien under the Medical Care Recovery Act, it can significantly impact settlement dynamics. The Medical Care Recovery Act (MCRA) (42 USC §2651, et seq.) provides the U.S. with both a right of direct action against the third party tortfeasor and a right of subrogation to any right or claim against them. Most MCRA claims arise from injury claims pursued by Military veterans and their family members who may have health insurance coverage under either the Veterans' Administration (VA), Tricare or CHAMPVA. Each program presents its own unique challenges and obstacles in obtaining, resolving and reducing the lien obligation on behalf of a client.
We work with ...