1 1 2 The Lien Resource Why Outsource Medical Liens & Healthcare Reimbursement? Eliminate the cost and time-drain of resolving liens in-house at no additional cost to your firm; Increase the likelihood of greater reductions and savings for your clients; The Ethics of Outsourcing As medical lien resolution has grown more complex and time-consuming for plaintiffs firms, tens of thousands of liens are now outsourced to third-parties every year. The ABA and most jurisdictions informally recognize that outsourcing medical lien resolution is appropriate in most personal injury cases. The Lien Resource adheres to the latest ABA rules recognized by other lien resolution services by ensuring the following: 1) The original attorney/client retainer agreement allows the attorney to engage outside entities for some legal and non-legal expenses which may be charged to the client; 2) The client consents to the use of an outside party for the additional fee; 3) The transaction results in a net savings to the client; 4) The charge to the client is reasonable. Resolve liens BEFORE settlement or trial whenever possible; Decrease the likelihood disputed funds will be held in trust for weeks or months after recovery; Gain peace-of-mind knowing all liens have been investigated by a licensed attorney and all claims to your client s recovery proceeds have been resolved.
2 The Ethics of Outsourcing (Cont d) Georgia Attorneys working with The Lien Resource have obtained informal advisory opinions from the Georgia bar recognizing that law firms may advance the cost of medical lien resolution as an expense to litigation and be reimbursed from the client s recovery, so long as the client consents. See Georgia Rules of Professional Conduct 1.8 and 1.5(c). If you are concerned about the legal ethics of outsourcing these tasks to a third party, I encourage you to obtain advisement from your jurisdiction. ABA Guidelines Additionally, the ABA lists the following guidelines for outsourcing legal and non-legal services: A lawyer may outsource legal or non-legal support services provided the lawyer remains ultimately responsible for rendering competent legal services to the client under Model Rule 1.1. (ABA Standing Committee On Ethics and Professional Responsibility, Formal Opinion 08451). In complying with the rule 1.1 obligations, a lawyer who engages lawyers or non-lawyers to provide outsourced legal or non-legal services is required to comply with Rules 5.1 and 5.3. She should make reasonable efforts to ensure that the conduct of the lawyers or non-lawyers to whom tasks are outsourced is compatible with her own professional obligations as a lawyer with direct supervisory authority over them. In addition, appropriate disclosures should be made to the client regarding the use of lawyers or non-lawyers outside the lawyer s firm, and client consent should be obtained if those lawyers or nonlawyers will be receiving information protected by Rule 1.6. The fees charged must be reasonable and otherwise in compliance with Rule 1.5, and the outsourcing lawyer must avoid assisting the unauthorized practice of law under Rule 5. Compensation Payments by your firm directly to Jarrett & Price, LLC are a reimbursable legal expense. $500 + Contingency Fee Under this fee arrangement, Jarrett & Price is paid a retainer of $ to investigate the lien or healthcare plan. If paid by your firm, the $500 is a reimbursable legal expense. The additional contingency fee is equivalent to 10 percent of the total savings we obtain for your client. So, if we reduce your client s total payment obligations by $10,000, we would receive an additional $1,000. If we reduce it by $20,000, we would receive $2,000. This creates an incentive for us to obtain the greatest reduction possible. The contingent portion of the payment is typically disbursed directly from the client s recovery proceeds held in trust, pending resolution of the lien. Medicare - $500 Flat Fee We will resolve your clients Medicare Liens for a $ flat fee. This includes the cost of submitting the case to CMS, purging unrelated treatment, and obtaining the statutory reduction to your client s lien. We require at least 65 days to resolve this type of lien.
3 You Maximize the Recovery We ll Work to Save It Log on to to find additional information about this service, the practice of medical and healthcare lien resolution and how it can work for your firm. One-Step Submission Submitting a file to The Lien Resource at Jarrett & Price, LLC is a one-step process. Your firm will submit a file by filling out a single, secure electronic form accessed through the website. Just provide the relevant information and submit. Continued
4 Releases and Consent I will then provide your firm with the completed consent agreements and releases for your client to sign. Once all signatures are obtained I can begin work on the file. Let the Resource Do the Work Once hired, I will be the contact point for your client s medical and healthcare liens from that point forward. Depending on the type of lien, I will communicate with CMS, plan administrators, medical providers and other relevant claimants to your client s recovery funds. I will request the documents needed to identify the rights of all parties, including treatment records, plan language, Form 5500 documents, summary plan descriptions, lien notifications and other documents relevant to the particular lien. I will then advise your firm on what I believe to be the rights of the plan and your client, and then work to defeat liens or obtain significant reductions to your clients payment obligations. Security The Lien Resource manages each file using a secure online client portal provided by Clio. All documents and communication are stored on the portal, which offers bank-grade security to protect your client s vital medical and healthcare information at all times. Transparency If you wish, you and your client will have a protected password to access your file on the client portal 24-hours-a-day. This will provide access to all documents and communications in the file, and alert you to any new activity. This keeps your client informed about the progress of the file, and allows your firm to retain as much oversight over the lien resolution process as you would like to keep.
5 Close Your File Once the service is able to obtain a number satisfactory to you and your client, your firm can arrange for the client to repay the lien. You will then receive a packet with all relevant documents you need to close your client s file. Only The Lien Resource at Jarrett & Price, LLC delivers a lien resolution resource to other plaintiff firms. The Lien Resource Jarrett & Price, LLC 327 Eisenhower Drive, Suite 200 Savannah, GA Ph: Fax:
CUSTOMERS BANK ONLINE & MOBILE BANKING ACCESS AGREEMENT 1) Scope of Agreement 2) Definitions 3) Terms and Conditions of Online Banking A. Requirements B. Online Banking Services - General C. Electronic
Organizing Your Limited Liability Company in North Carolina Elaine F. Marshall Secretary of State A Message from The Secretary of State of North Carolina Over the past few decades, North Carolina has earned
Term Deposits Dated 25 May 2015 General Information and Terms and Conditions You should read this brochure before making an investment. You can contact us: by telephone on 13 2221, 24 hours a day, 7 days
EdmundG.BrownJr. AtorneyGeneral StateofCalifornia INTRODUCTION The California Attorney General has primary responsibility for regulating, enforcing and supervising organizations and individuals that administer
Special Education A service, not a place. Notice of Special Education Procedural Safeguards for Students and Their Families Requirements under Part B of the Individuals with Disabilities Education Act,
GSA Federal Citizen Information Center Your Right To Federal Records Questions and Answers on the Freedom of Information Act and Privacy Act Table of Contents Introduction...i The Freedom of Information
Surviving the Real Estate "Escrow" Process in California: Important Things and Tips You Should Know, and Mistakes to Avoid Table of Contents A. Introduction and Brief Overview.... 4 B. Escrow Basics....
OSC Staff Consultation Paper 15-401 Proposed Framework for an OSC Whistleblower Program February 3, 2015 Table of Contents 1. Summary... 1 1.1 Purpose of Consultation... 3 2. Background... 3 2.1 Why Should
Workers Compensation System Guide INTRODUCTION THE WORKERS COMPENSATION SYSTEM GUIDE IS INTENDED TO GIVE ALL PARTIES A GENERAL OVERVIEW AND SUMMARY OF THE WORKERS COMPENSATION SYSTEM. IT IS NOT INTENDED
Guide for taxpayers Our approach to information gathering This publication is current at November 2013. For the most current version, visit our website at ato.gov.au/infogathering OUR COMMITMENT TO YOU
Customer Terms of Service These Terms of Service ( Terms ) are an agreement between you and Knox Payments, Inc., ( Knox ), for the payment and data processing services and other products and services (collectively,
When Someone Dies A NON-LAWYER S G UIDE TO P ROBATE IN WASHINGTON, DC P PROBATE Council for Court Excellence Council for Court Excellence Improving Justice for the Community Table of Contents What is Probate
Kids Need L ve & Tennessee Child Support Handbook Child $upport Tennessee Department Of Human Services Revised 06/13 TABLE OF CONTENTS Introduction. 3 Services Provided. 4 Rights and Responsibilities...
NEW YORK STATE UNIFIED COURT SYSTEM PART 1200 RULES OF PROFESSIONAL CONDUCT Dated: May 1, 2013 These Rules of Professional Conduct were promulgated as Joint Rules of the Appellate Divisions of the Supreme
OPTION TO SELF-CALCULATE YOUR FINAL CONDITIONAL PAYMENT AMOUNT PRIOR TO SETTLEMENT Liability Insurance (Including Self- Insurance) Settlements, Judgments, Awards, or Other Payments Only. Eligibility Criteria
Friend of the Court Handbook Based on the Model Handbook prepared by: Friend of the Court Bureau/SCAO Michigan Supreme Court To view the most current version of this publication and other SCAO publications,
General Terms and Conditions for IMLS Discretionary Awards IMLS Native American Library Services Basic Awards IMLS Native American Library Services Basic Awards with Education/Assessment Option Organizations
NEIGHBORHOOD REVITALIZATION LOAN PROGRAM NOTICE OF FUNDING AVAILABILITY August 28, 20144 Pre-Proposal Conference: September 12, 2014 Responses Due: October 1, 2014 NEIGHBORHOOD REVITALIZATION LOAN PROGRAM
STEP Code for Will Preparation in England & Wales Introduction The STEP Code for Will Preparation in England & Wales is a set of ethical principles that operate for the benefit of clients and demonstrate
CODE OF PROFESSIONAL RESPONSIBILITY (Superseded February 1, 2007) View the Ohio Rules of Professional Conduct (effective February 1, 2007) Preface Canon 1 A Lawyer Should Assist in Maintaining the Integrity
California Department of Child Support Services July 2012 Child Support Handbook Contact a local child support agency Customer Connect is California s child support self-service information system designed
General Conditions ANZ Merchant Services ANZ Merchant Services Locked Bag 10 Collins St West Melbourne VIC 8007 For general enquiries, please contact ANZ Merchant Services on 1800 039 025 (24 hours a day,
Resolving Your Case Before Trial This booklet explains how you can resolve your case before it goes to trial. Only a small percentage of cases go to trial, as most disputes are resolved before reaching