Today we are making available part two of our three part series on the Alborn Supreme Court decision, and it's implication for those who are in the business of negotiating Medicaid liens. As we all know, one of the most difficult changes in the settlement and claims business over the last 5 to 7 years has been the dramatic swing in leverage to HMO, private health plans, Medicaid and Medicare in the negotiation of medical liens at the time of case settlement.
Not only are the the liens larger then ever, but the right to enforce collection at something close to 100% often times strips the plaintiff of any possible recovery that would meaningfully impact the quality of their life and recovery of their ability to work again. On top of that ugly fact, there is also the every changing and increasing burden imposed by the State and Federal regulations making correct set aside calculation mandatory of trial lawyers can face double damages personally for incorrect calculations or failure to comply with statutes.
Into this mess is now inserted a bright ray of hope, albeit it modest, in the form of the Alborn decision, and today's podcast gets into how Medicaid and Medicare differ in their law and regulation in the wake of Alborn, and some of the strategic options trial lawyers and elder law attorneys have. As with yesterday our guest expert is Attorney Matt Garretson of the Garretson Law Firm in Cincinnati, OH. Matt is a frequent guest and contributor both on The Settlement channel and the Legal Broadcast Network, and his expertise in the area of Medicare and Medicaid lien resolution is nationally known. What also makes Matt unique is that he also is the principal of a national structured settlement firm and he has a long back ground in settlement strategies and solutions.
I know you are going to value all three parts of this series, and we will conclude with part three tomorrow, which is a discussion on the use of qualified settlement funds in the negotiation and planning for handling Medicaid and Medicare liens.
Also, remember that if you ever miss a series we are literally all over the internet on various podcasting engines such as Yahoo, Google, Odeo, Itunes and 25 others. I've been a bit negligent in providing those links in the past so we will be creating a section here on the front page where you can go to those sites, listen, scan shows, download them or subscribe to them using your Ipod or MP3 device. Look for that new list of options later this week.