Article V.B. of the Guidant Master Settlement Agreement requires the appointment of a Medicare / Medicaid Lien Administrator to address the Medicare and Medicaid liens / obligations arising under the settlement. The Medicare / Medicaid Lien Administrator (MLA) is tasked with affirmatively verifying which Participating Claimants are past or present Medicare and / or Medicaid beneficiaries and resolving all such Medicare and Medicaid interests.

The Garretson Law Firm has been appointed as the MLA in the Guidant Settlement. The Garretson Law Firm has served in similar capacities in many other mass tort settlements and has the experience and resources to satisfy and discharge these liens / obligations as efficiently as possible.

 MEDICARE

With respect to traditional Medicare (Parts A and B) the MLA will: (i) verify the Participating Claimants in the Settlement Program who are (or have been) entitled to traditional Medicare and who may have potential Medicare obligations related to the Guidant settlement, and  (ii) facilitate a “global” resolution to satisfy Medicare’s interest for all Medicare-entitled (Parts A and B) Participating Claimants.  The MLA will work with the Claims Administrator and Special Masters to ensure that the allocation system recognizes the application of the Medicare global resolution in the settlements of those entitled Claimants.  Regardless of the extent to which any Medicare-entitled (Parts A and B) Participating Claimant has relied on his/her Medicare coverage in the past, this formalized process ensures that no future injury-related care will be denied as a result of this tort recovery.

 MEDICAID

With respect to Medicaid, the MLA will verify which Participating Claimants currently are or have been Medicaid beneficiaries in each state and territory between the dates of interrogation of recalled device through the date of settlement.  The MLA will then secure claims histories from the appropriate Medicaid agency and audit each claim to help ensure that only those medical expenses associated with Guidant Cardiac Medical Device injuries are included in the final reimbursement or “lien” amount.  The perfected lien will be deducted from the entitled plaintiff’s settlement payment. 

OTHER GOVERNMENT PROGRAMS, NON-GOVERNMENTAL PROGRAMS AND PRIVATE HEALTH INSURANCE

The MLA engagement does NOT include the task of addressing healthcare liens other than those Medicare and Medicaid obligations specifically outlined above.  Other healthcare obligations are to be evaluated and resolved by plaintiff counsel and your clients.