The Garretson Firm Resolution Group offers comprehensive Medicaid lien resolution services to the settlement community (plaintiff attorneys, defense attorneys, courts as well as federal, state and private agencies) who must satisfy certain conditions in order to finalize settlements and get paid. As the first firm to specialize in this area, we've set the standard. The Resolution Group has settled 1,000's of liens in every state and U.S. territory.

Several years ago, The Garretson Firm Resolution Group noted the settlement community's need for dedicated specialists to address the reimbursement interest of state health care plans in settlements. The Garretson Firm Resolution Group offers a means to ensure that Medicaid lien reimbursement process does not disrupt the parties' ability to reach a fair settlement.

A recent U.S. Supreme Court ruling (Arkansas Dep’t of Health & Human Servs. v. Ahlborn) drastically changed the rules and regulations with respect to resolving Medicaid liens. With this holding, a state’s Medicaid department is limited to reimbursement from only that portion of a judgment or settlement that represents payment for medical expenses - states are now prohibited from seeking reimbursement for Medicaid costs from settlement proceeds that were intended to cover items other than medical expenses, such as pain and suffering and wage loss.  While straight forward at first blush, this new rule means that the parties must analyze the nature of the payments being made in settlement to determine which portion is being made for compensation for medical losses and which portion is being made for non medical losses.  Such allocation rarely if ever has been done in settlements, as settlements are generally one offered sum for release of all damages/claims by an injured person.

Indeed many challenges are associated with Medicaid lien resolution, including the determination of the settling parties' obligation to notify the agency and the evaluation of the agency's right of recovery. The exposure for the settling parties varies by state.

In order to avoid Medicaid-related liability, claimant dissatisfaction and "cash flow" pitfalls, the Resolution Group can assist by:

1. Determining if claimants are/were recipients of a government assistance program
2. Determining if these programs have liens against the claimant’s settlement
3. Compromising, settling or executing a release of the program's claim

The Garretson Firm Resolution Group is dedicated to Medicaid lien resolution. By working with numerous mass tort and personal injury firms that in aggregate provide a consistent pipeline of cases, The Resolution Group is able to navigate the challenges associated with Medicaid lien resolution by leveraging significant efficiencies.

When the above-mentioned expertise is utilized, the results include:

• Faster case closure
• Elimination of post-settlement liability related to Medicare
• Increased claimant satisfaction