Negotiating and Settling Tort Cases: Handling Healthcare Liens, Medicare Set-Asides, and Settlement Planning (AAJ Press)

In personal injury cases, attorneys must often deal with issues that can impact the ultimate recovery, including:

• Addressing healthcare liens for expenses paid by Medicare, Medicaid, or third party insurers
• Addressing taxation issues
• Addressing probate issues
• Structuring recoveries in such a way to maintain eligibility for benefits

• Guidance on the reporting obligations of providers of liability insurance (including self-insurance), no-fault insurance, and workers' compensation insurance regarding the Medicare entitlement of claimants
• Guidance on other recovery-related issues, including ethical issues, eligibility for government benefits, special needs trusts and other third party fiduciary applications, qualified settlement funds, taxation of personal injury recoveries, settlement-related probate issues, mass tort settlements, and attorney fees and case expenses
• Guidance on whether a Medicare set-aside to address future medical expenses is appropriate when resolving a workers' compensation or liability claim
• Guidance on negotiating and resolving healthcare liens, including Medicare liens, Medicaid liens, and other healthcare liens