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Calculation of Lien Payments

Calculation of Lien Payments

The ICS has been following a line of court cases regarding the calculation of lien payments to health care providers in injury cases. In some jurisdictions, courts have ruled that plaintiffs (patients) in injury cases may deduct and retain litigation costs from the total settlement or judgment amount BEFORE applying the percentages to pay health care liens. Of course, this formula reduced the amounts available for payment of health care liens and effectively required health care providers to share in the payment of litigation costs.

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