Complying with developing requirements

Complying with the Developing Requirements for Charging the Cost of Outsourced Lien Resolution Services to Contingent Fee Personal Injury Clients


In their recent article titled “Fiduciaries and Fees: Preliminary Thoughts,” Professors Lynn A. Baker and Charles Silver shared their tentative views on the circumstances in which attorneys who have outsourced healthcare lien resolution for their contingent fee personal injury clients may charge the cost of those services against their clients’ net settlement proceeds. We at the Garretson Resolution Group (“GRG”) provide this practice tip to help our clients navigate the evolving standards in this area and to assure them that GRG’s lien-resolution programs comply with the requirements identified in the article.

The Garretson Resolution Group (“GRG”) specializes in settling health care liens and reimbursement claims with federal (Medicare), state (Medicaid) and private/ERISA health insurance providers in single event and mass tort settlements. In fact, GRG evaluated and resolved Medicare and Medicaid’s interest in over 50,000 cases last year alone. Simply put, we know the process.


Among the tips included in this pamphlet are:

  • How to fulfill an attorney’s ethical obligations while outsourcing healthcare lien resolution?
  • May fees for outsourced lien-resolution properly be charged against the net proceeds of a contingent fee personal injury client?
  • What is the default rule as to when attorneys can pass through outsourced lien-resolution fees as disbursements?