Healthcare Liens in Personal Injury Matters

Originally presented:  August 20, 2019     |     Course length:  6.0 hours

Welcome & Introduction  (5 MINUTES)

Healthcare Liens  (15 MINUTES)
In this short session, Course Co-Chair Timothy Tobin gives a quick introduction and roadmap for navigating healthcare liens in personal injury matters.
– Timothy P. Tobin; Gislason & Hunter LLP; Minneapolis

Handling Liens in Mediation  (45 MINUTES)
Learn how to anticipate and avoid some of the most common pitfalls when mediating a personal injury matter involving liens. The discussion includes how to prepare for mediation and how to maximize the benefit of mediation.
– Roger L. Kramer; Kramer Law LLC; Mendota Heights

A Map of the Minefield: Liens, Subrogation and ‘Super Liens’  (30 MINUTES)
A practical overview and refresher on key concepts:

• The difference between a lien and a subrogation interest
• A laundry list of the types of liens to keep in mind as affecting your personal injury cases
• An overview of the Medicare Secondary Payer Act and MMSEA – the statutory scheme and risks it presents for the practitioner involved in personal injury matters

– Timothy P. Tobin; Gislason & Hunter LLP; Minneapolis

Issues and Trends  (15 MINUTES)
In this short session, Course Co-Chair Brock Alton quickly reviews issues most commonly seen by an insurance coverage litigation attorney.
– Brock P. Alton; Gislason & Hunter LLP; Minneapolis

How to Resolve Medicare Liens – Medicare Reimbursement and Set-Aside Agreements  (60 MINUTES)

Reimbursement:

• The responsibility to reimburse Medicare for its conditional payments
• How to promptly resolve the issue of what is owed and how it is to be reimbursed
• Whether Medicare may be named on a settlement check
• Whether a release may ethically call for the plaintiff’s attorney to “indemnify” the tortfeasor and their liability insurer for satisfaction of Medicare liens
• The protocol for applying to court for assistance in resolving these questions

Medicare Set-Asides:

• Whether the obligation to set aside part of a settlement for future medical bills applies to personal injury settlements involving Medicare recipients
• Learn the mechanics for a set-aside

– Brock P. Alton; Gislason & Hunter LLP; Minneapolis
– Aaron P. Frederickson; Minnesota Department of Labor and Industry; Saint Paul

Rules of the Game for Non-Medicare Liens – ERISA, Private Insurance and Hospital Liens  (45 MINUTES)
Understand the power of ERISA and the exposure it creates and learn proven tactics and strategies for navigating private healthcare liens and addressing health insurance subrogation claims.

• How to manage Medical Assistance/Medicaid subrogation
• How to assess plan language
• How to apply equitable defenses to maximize recovery
• Do all health insurance and disability plans operate the same way?
• How to handle a statutory hospital lien?

– Robert J. Hauer, Jr.; Sieben Carey; Minneapolis
– Alicia N Sieben; Schwebel Goetz Sieben PA; Minneapolis

Negotiating Tips, Trial Tactics and Client Management Strategies – A Plaintiff’s Perspective  (45 MINUTES)
Experienced plaintiffs’ counsel discusses strategy and tactics for handling a personal injury case involving liens, including negotiating tips, trial tactics and how to manage client expectations.
– Robert J. Hauer, Jr.; Sieben Carey; Minneapolis
– Alicia N Sieben; Schwebel Goetz Sieben PA; Minneapolis

Collateral Source Offsets in Plaintiffs’ Verdicts with Medicare, Medicaid, and Private Insurance Plans  (45 MINUTES)
The Minnesota Supreme Court in Swanson v. Brewster confirmed plaintiffs do not receive a windfall as a result of discounts given to private health insurers. But what happens when a plaintiff is covered by Medicare, Medicaid, or participates in a Medicare Advantage Plan? How would a trial court address the separation of these dollars in a post-trial motion for collateral source offset? What if the plaintiff has purchased the health insurer’s lien? Learn how a defense attorney addresses collateral source issues, both pre-trial and post-trial, in this fast-paced review of the procedure, the discovery phase and post-trial negotiations and motions practice.
– Laura A. Moehrle; Quinlivan & Hughes, PA; Saint Cloud

The Do’s and Don’ts for Settlement and Release  (60 MINUTES)
Experienced defense and plaintiffs’ counsel provide insight into the do’s and don’ts of handling settlement and release. Sample releases will be provided and analyzed.
– Brock P. Alton, Robert J. Hauer, Jr. &   Alicia N Sieben