Lien resolution addresses the third-party claims that attach to a recovery: healthcare provider liens, health plan subrogation and reimbursement claims, Medicare and Medicaid interests, workers' compensation liens, and letters of protection.

It requires identifying every potential claimant, verifying amounts, negotiating reductions where permitted, and documenting satisfaction before or at disbursement.

Alternative Names:

Lien Negotiation, Lien Administration

Why it Matters?

Unresolved liens delay disbursement and create exposure for everyone involved, including defense counsel and the paying carrier where the settlement agreement allocates responsibility poorly. Medicare's interests in particular can be enforced against the parties and their attorneys, so the settlement agreement should state clearly who resolves what and include indemnity for undiscovered claims.

Frequently asked questions

Who is responsible for resolving liens?

Who is responsible for resolving liens?

It depends on the settlement agreement. Plaintiff's counsel typically handles resolution, but the agreement should say so explicitly and include indemnity for unidentified claims.

Can liens be negotiated down?

Can liens be negotiated down?

Often yes. Provider and Medicaid claims are frequently reduced, and common fund or made-whole doctrines may apply. ERISA plan claims with strong plan language are the hardest to reduce.