Liens and Reimbursement

Programs that paid for your care related to the illness may seek repayment. Medicare has specific rules requiring certain settlements to be reported and conditional payments repaid. Medicaid programs, private health insurers, employer health plans, VA health care and workers' compensation carriers may also have reimbursement rights, depending on the circumstances. Each has its own rules. Your attorneys will identify which programs paid for your care and whether they're entitled to reimbursement. You can help by listing every insurance plan you had during treatment, including any changes in coverage over time, such as moving from an employer plan to Medicare.

When a case or part of a case settles, your legal team notifies the relevant programs and requests a final amount. Liens are usually paid from the settlement before the remaining funds are distributed to you. Because settlements often arrive in stages, lien handling may happen more than once. Keeping track of which payments have been made and which programs have been notified is part of your attorneys' job. Ask for a clear accounting at each stage. You can ask what each deduction was for and whether any amount is still being held.

Lien amounts aren't always fixed. Attorneys may be able to negotiate reductions, for example by showing that some charges weren't related to mesothelioma or by applying rules that account for the costs of obtaining the recovery. The result can increase what you ultimately receive. Negotiations take time, which is one reason some funds may be held back until liens are resolved. Your attorneys will explain the process and any delays. Ask for updates if funds are held for a long time, and keep copies of any letters you receive from insurers or government programs about repayment.

1. 1

   Make a list of every insurer or program that paid for your medical care.

2. 2

   Keep copies of insurance statements and explanation of benefits letters.

3. 3

   Tell your attorneys if you're on Medicare, Medicaid or VA health care.

4. 4

   Ask for a written breakdown showing any lien paid from each settlement.