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Wal-Mart v. Shank

The September/October 2009 issue of The Advocate, the Kentucky Justice Association journal reviews Wal-Mart v.Shank and reminds the need to determine at the outset of a case whether the healthcare plan contains an enforceable subrogation provision as your clients recovery may be lost to the healthcare provider. http://www.plaintiffsolutionscenter.com/walmartvshank.pdf

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Attorney Fee Structures

An attorney passed us this recent article from the Los Angeles Daily Journal titled, “Legal Fee Structures Can Hedge the Insecurities Many Lawyers Face.” http://www.plaintiffsolutionscenter.com/feestructures.pdf Structured attorney fees are a tax-deferred alternative to recieving a lump-sum fee payment. They allow attorneys to recieve their fee payments over time on a tax-deferred basis and attorneys may…

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NY Case Follows Ahlborn Method

Thanks to Professor Roger Baron (Roger.Baron@usd.edu)  for alerting us to the following New York State case. As per Roger Baron: “Below is another decision in which a New York state court follows the pro rata loss sharing method of Ahlborn in a Medicaid reimbursement scenario.  This court indicates that it is scheduling a hearing to…

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New Medicare Release

As per Medicare, there are changes in the release forms necessary to comply with The Medicare Secondary Payer Recovery Contractor (MSRPC). Effective immediately, all releases must have an indication of the duration of the release. You will find revised forms for Medicare/Medicaid lien resolution services to be provided by The Lien Resolution Group at: http://www.plaintiffsolutionscenter.com/lienresolutionpackage.pdf…

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NY Ethics Opinion

The New York County Lawyers’ Association Ethics Committee issued Ethics Opinion 739 addressing the issue of charging fees for outsourcing Medicare/Medicaid/Erisa lien resolution services as a disbursement against a settlement. The opinion discusses the increasingly complicated nature of lien resolution, traditional handling of liens in personal injury cases, attorney liabilities and best practices when outsourcing….