OUR SERVICES
Lien Consulting
Medical liens and reimbursement claims can introduce significant legal and financial complications into personal injury litigation. Federal statutes, state laws, contractual provisions, and competing reimbursement interests can all influence the amount a lienholder is entitled to recover and the proceeds ultimately available to the client.
For plaintiff attorneys, understanding these obligations before settlement is critical to protecting attorney fees, maximizing net recovery, and avoiding unexpected reimbursement disputes.
At The Lien Project, PC, our Lien Consulting services provide strategic legal guidance to help plaintiff attorneys identify potential exposure, evaluate reimbursement ...Read more
Lien Resolution Services
Securing a favorable settlement or judgment is only part of protecting your client's recovery. Medical liens and reimbursement claims can substantially diminish the compensation your client ultimately receives, sometimes creating additional disputes long after the underlying litigation has concluded.
At The Lien Project, PC, we believe the same level of legal advocacy applied to obtaining a settlement should be applied to protecting it.
Our attorneys specialize in evaluating, challenging, negotiating, and resolving medical liens and reimbursement claims. We work alongside plaintiff attorneys to identify available legal defenses, pursue meaningful reductions, and protect the greatest possib...Read more
Future Medical Care
For clients facing serious or permanent injuries, settlement is not the end of the financial and medical challenges arising from their case. Ongoing treatment, rehabilitation, prescription medications, and long term care may represent substantial expenses extending years or even decades beyond the resolution of litigation.
For plaintiff attorneys, protecting a client's future medical interests requires more than negotiating adequate compensation. It also requires understanding how reimbursement obligations, public benefit programs, and settlement structures may affect the funds available for continued care.
At The Lien Project, we assist plaintiff attorneys in evaluating future medical con...Read more
Lien Processing
Effective lien management begins long before a personal injury case settles. Identifying potential reimbursement claims, obtaining supporting documentation, tracking statutory requirements, and maintaining communication with lienholders are essential to protecting a client's recovery and avoiding unnecessary delays in settlement disbursement.
For plaintiff attorneys, these responsibilities can create a substantial administrative burden, particularly when a case involves multiple healthcare providers, insurance carriers, government agencies, or competing reimbursement interests.
At The Lien Project, we provide comprehensive lien processing services designed to streamline these responsibilit...Read more
ERISA Liens
Employer-sponsored health plans governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., frequently assert substantial reimbursement claims against personal injury settlements.
These claims can significantly reduce a client's net recovery and present complex questions involving federal preemption, contractual reimbursement rights, and the remedies available under federal law.
Unlike traditional health insurance liens, ERISA reimbursement claims require careful examination of how the plan is funded, the language governing its recovery rights, and the limitations imposed by federal law.
The fact that a health plan asserts ERISA protection does not esta...Read more
Surrogacy-Related Lien and Reimbursement Claims
Gestational surrogacy offers individuals and couples an opportunity to build their families. Yet the financial complexities surrounding surrogacy arrangements can extend well beyond the anticipated costs of medical care, legal representation, and surrogate compensation.
Many health insurance plans contain provisions allowing carriers to seek reimbursement for all surrogacy-related medical benefits provided during a surrogate pregnancy.
When the surrogacy agreement places responsibility for these expenses on the intended parents, the reimbursement demand may substantially increase the overall cost of the surrogacy to the intended parents.
A health plan's demand for reimbursement, however,...Read more
Medicare Liens
Medicare reimbursement claims present some of the most significant statutory and procedural challenges in personal injury litigation. When Medicare pays for medical treatment associated with an injury, the federal government or an applicable Medicare plan may have substantial recovery rights against the resulting settlement, judgment, or award.
Under the Medicare Secondary Payer Act (MSP Act), 42 U.S.C. § 1395y(b), failure to properly address these obligations can delay disbursement, generate additional financial exposure, and place both the client and plaintiff's counsel at risk.
Federal regulations permit Medicare to pursue recovery from parties that receive settlement proceeds, inc...Read more
Medi-Cal and Medicaid Liens
When Medi-Cal, California's Medicaid program, or another state's Medicaid program pays for medical treatment related to a personal injury claim, the state may assert a reimbursement claim against the resulting settlement, judgment, or award.
Although each state administers its Medicaid program under its own statutory framework, all remain subject to federal limitations on recovery. These protections can significantly affect the amount a state is legally entitled to recover.
For plaintiff attorneys, understanding these limitations is essential. A Medicaid reimbursement demand is not necessarily the amount that must ultimately be paid.
Understanding Federal Medicaid Recovery Rights
Federal...Read more
FEHBA (Federal Employees Health Benefits Act) Claims
When your client is a current or retired federal employee, or an eligible dependent, their medical expenses may have been paid through the Federal Employees Health Benefits (FEHB) Program. These benefits can give rise to substantial reimbursement claims governed by the Federal Employees Health Benefits Act (FEHBA), 5 U.S.C. § 8901 et seq.
Similar recovery issues arise under the Postal Service Health Benefits (PSHB) Program, which provides coverage for eligible Postal Service employees, retirees, and their families.
FEHBA reimbursement claims present distinct legal challenges. Federal preemption, contractual recovery provisions, and administrative regulations can significantly limit tr...Read more
MCRA (Medical Care Recovery Act) Claims
When your client receives medical care through a military treatment facility, TRICARE, the Department of Veterans Affairs (VA), or CHAMPVA, the federal government may have a statutory right to recover medical expenses associated with a personal injury claim.
These federal recovery claims can complicate settlement negotiations, delay disbursement, and affect your client’s net recovery. Understanding the government's rights, and the limitations on those rights, is essential to achieving a favorable resolution.
Understanding MCRA Claims
The Medical Care Recovery Act (MCRA), 42 U.S.C. § 2651 et seq., provides the United States with an independent right to recover the reasonable value of ...Read more