Medicare Liens and Their Impact on Litigation


Colin N. Holmes attended a Boston Bar Association program on June 24th regarding liens and their impact on litigation and settlement. The lecture discussed statutory and contractual liens with a focus on Medicare liens and the requirements of the Medicare, Medicaid, and SCHIP Extension Act of 2007, Section 111 ("MMSEA"). MMSEA imposes reporting obligations on attorneys and plaintiffs when there has been a settlement, judgment, or award in a legal action involving a Medicare recipient. Whenever a Medicare recipient receives money in resolution of a personal injury claim, federal law creates an obligation to reimburse Medicare for the care it paid for related to that claim. Such Medicare liens can have a significant impact on the amount of a settlement or award that a claimant recovers from a lawsuit. This lecture reviewed the relevant statutes that govern Medicare liens and recommended steps that attorneys should take to gather the necessary information to determine a claimant's Medicare status, ensure compliance, and assess potential lien issues. The program included a discussion of best practices for attorneys to integrate the collection of Medicare data and MMSEA compliance into various stages of the litigation process and an analysis of potential changes to the rules that may occur in the future.

Governo Law Firm is committed to staying current in legal, scientific and medical developments. As the law and procedures in this area continue to evolve, attorneys need to keep informed of recent developments. To learn more, please contact Colin Holmes at [email protected].