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When Medicaid has made payments for medical expenses related to an injury, it may assert a lien against the beneficiary’s recovery. As each state Medicaid agency has a unique recovery statute, each agency has different reduction formulas or guidelines pursuant to their unique statute. We have experience working with all 50 state agencies and negotiating reasonable lien reductions based on each state’s current statutory and regulatory environment. If the Medicaid agency is not willing to resolve their lien with us, Cattie & Gonzalez does not stop there. Our attorneys have experience pursing equitable relief for our clients via an Ahlborn hearing. Our firm guides our clients through that process, pursuing legal remedy via the judiciary, presenting evidence and testimony pertinent to the reduction of the lien.
Military veterans and their family members may have health insurance coverage under the Veterans' Administration (VA), Tricare or ChampVA. When settling a case involving beneficiaries of one of those programs, litigants need to be aware of the potential recovery rights of each program. The VA has both a right of subrogation as well as an independent right of recovery when a responsible third party exists. Tricare has both a right of subrogation and an independent right of recovery when a responsible third party exists. Our attorneys and staff have worked with these agencies for years. We know who to contact and how to negotiate reasonable lien reductions based on the applicable federal statutory and regulatory provisions.
While private liens may not be the most difficult type of lien to resolve, they do consume a great deal of time and resources better spent doing other important and necessary things in your firm or department. The degree of difficulty does increase when the lien may fall under the Employee Retirement Income Security Act ("ERISA"). Cattie & Gonzalez is able to help navigate that path, helping you understand whether the plan is self-funded or not, and what the plan's true recovery rights are. We assist our clients through complete resolution.
If you have a case involving a federal employee, a former federal employee, or the family member of a current or former federal employee, you may have a lien issue arising under Federal Employees Health Benefits Act (FEHBA) of 1959 (5 U.S.C. 8901 et seq.). FEHBA liens can be difficult to negotiate. Cattie & Gonzalez has experience negotiating FEHBA liens, and would welcome the chance to work with you to procure the maximum lien reduction possible.
An employer, its carrier, or third party administrator may assert a workers' compensation lien when its employee has been injured in an industrial accident, the employer accepted the employee's workers' compensation claim, and the employee is also pursuing and resolving a 3rd party liability case arising from the same accident. Cattie & Gonzalez rely on decades of experience within the workers' compensation industry to help clients verify, resolve, and satisfy workers' compensation liens quickly, efficiently, and compliantly.
While not technically a "lien", Indian Health Services ("IHS") may seek subrogation of claims under 25 U.S.C. §1682 including but not limited to automobile insurance claims, no-fault insurance claims, liability insurance claims, and worker’s compensation insurance claims. When resolving an insurance claim involving bodily injuries to a member of an Indian nation, we can help the settling parties proactively assess whether IHS has a right of recovery. Cattie & Gonzalez conducts due diligence on your behalf, investigating, confirming, analyzing, disputing, and resolving such claims