Settlement Protection Plans
By: Paul Isaac, Jr. | Chief Operation Officer, Precision Resolution, LLC
As we wait for a date the Supreme Court to hear arguments in Gallardo v. Marstiller and the ruling’s impact on Medicaid lien recovery expansion (complete breakdown here), it is important to note a few things about personal injury cases involving Medicaid eligible individuals.
First, as far as we at Precision Resolution are concerned, Ahlborn is still the law of the land. Since the Bipartisan Budget Act of 2018 “revived” the cases’ application, our firm has dug deep into dozens of cases, leveraging Ahlborn-based arguments, to secure millions of dollars in Medicaid lien reductions and eliminations in cases across the country.
These reductions go a long way in putting more settlement dollars back into plaintiffs’ pockets at the end of the case so that they can use the funds for the treatments, services, and lifestyle that they will depend on.
That is why we believe it is critical -not only in cases with Medicaid-eligible beneficiary plaintiffs or family members – but in every case, to allow the plaintiff to establish a settlement protection and preservation plan.
These plans do not always involve structured settlements, trusts, or intricate asset and legacy preservation strategies. Sometimes it is just useful for plaintiffs to seek guidance from an advisor who can assist them in establishing a post-settlement budget and spending plan.
But in complex cases, where Medicaid benefits will be relied upon to preserve future services, proper planning is essential. That is why Precision Resolution and our sister company, Paramount settlement Planning, are staffed with three Chartered Special Needs Consultant® (ChSNC) attorneys.
This unique designation allows us to build plans that anticipate a plaintiff’s future needs. We make certain that the settlement of the case does not disqualify them or anyone in their household from the government benefits that they depend on.
This comprehensive approach to planning makes certain that the plaintiff is maximizing the settlement amount through the reduction of any liens, while making certain that those funds and necessary government benefits are protected.