Today I attended an excellent seminar on the state of liens in the personal injury field- ERISA, Medicare, statutory hospital, and Medicaid. As a mediator, this is a field about which I need to have some grasp– nearly every PI case nowadays seems to have a significant lien to deal with.

Brian King’s paper summarizing the law on ERISA liens is well worth reading, and I have permission from Brian to share a copy: The Future of ERISA Liens.

Liens and reimbursement claims are a horribly complex area, and it’s difficult for the practitioner to keep abreast of developments. It might be worth your while to spend an hour or two with someone who really understands the issues to make sure that you are not missing something:

Bob Sykes, for Medicaid liens

Steve Sullivan, for hospital liens

Brian King, for ERISA liens

These are busy folks, but always willing to help. But, please, a request from me– don’t ask them to work for free. Make an appointment and buy a couple of hours of time. Or send a check for talking with you (without being asked). It makes your colleagues that much more willing to help the next person who calls.

There’s also a new outfit in town that will assist you in negotiating hospital liens, particularly with Cardon Healthcare. One of the principals is a former employee of that outfit (who handle nearly all hospital liens in this state.) The company is called “Patient Assist,” and the principals are Bret Matheson and Mike Dubuque (sp.). (801-918-1302.) They will take on the task of working with Cardon towards convincing them to process the bill through available government healthcare benefits or negotiating for a reduction of the lien amount. It sounds promising.


Salt-Lake Personal Injury Attorney