Navigating the process of identifying and complying with healthcare liens in mass tort settlements can be complex and time-consuming, potentially delaying clients’ recoveries and putting benefits at risk. It is critical that your law firm retain a service provider that has both the experience and a plan to streamline the process of identifying healthcare liens and ensure timely resolution once a case is settled.
There exists a wide range of healthcare-related obligations involving Medicare, Medicaid, TRICARE, private insurance companies, and hospitals. It is critical that any lien resolution specialist be involved as early in the process as possible to maintain consistency and completeness. Best practices indicate that potential lienholders should be identified before a settlement occurs to ensure there are no unpleasant surprises or delays in the ultimate settlement fund distribution.
Given the complexities involved, after a settlement has been reached, a law firm should retain a services provider who will investigate to determine if there are any lienholders with rights against the settlement proceeds. It needs to be determined:
- whether a lien exists
- the respective agency’s total of the amount it believes it is owed and
- any considerations that may reduce the agency’s total.
If warranted, a qualified settlement fund (QSF) needs to be established and managed by the lien specialist, out of which any compensation to the plaintiff is paid. Your provider should negotiate with the agencies involved to arrive at a fair number that satisfies the obligation but provides the best outcome for the injured party. This facilitates a timely initial payment as well as any supplemental payments to both the lienholders and your client. Working with a provider that has the ability to handle not only the lien resolution and healthcare compliance aspect of the process but can also handle the finance, accounting and distribution makes your job easier and ensures the process is coordinated, consistent and efficient. In addition, collaborating with other firms to consolidate liens and negotiate in bulk leverages considerable influence with lienholders. This strategy streamlines lien resolution and accelerates your client’s payout.
When navigating the healthcare compliance landscape, retaining an experienced lien resolution specialist will secure the best possible outcome for your clients through in-depth research, a deep understanding of the various compliance rules, expert negotiation and an understanding of the differing state laws governing healthcare lien compliance. Relying on your provider’s expertise and experience allows you to spend your time where it matters most- in the skilled representation of your clients which in turn will maximize your client’s recovery.
