Lien Resolution

NOTICE OF ASSIGNMENT OF LIEN & RECOVERY RIGHTS

RE: PREFERRED MEDICAL PLAN INC., formerly a Florida Health Maintenance Organization and Medicare Advantage Plan Administrator.

Dear Florida Bar Member:

MSP Recovery, LLC—a servicer for entities that own  Medicare, Medicaid, and various other health care medical liens—would like members of the Florida Bar to review the following important advisory.

Please be advised that MSP Recovery, LLC as the exclusive servicer of MAO-MSO Recovery II, LLC, the owner of all PMPI liens, directs this notice to all attorneys representing individuals in personal injury actions or defense attorneys representing settling parties and/or insurers for injured parties who at the time of the incident in question were covered by a medical insurance policy issued by Preferred Medical Plan Inc.  This notice should also be reviewed by any attorneys that represent insurance companies that may be primarily responsible for any medical items or services paid by PMPI.  These insurance policies range from Medicare Part C, Medicaid MMA Plans and/or Affordable Health Care Policies and/or Health Insurance Policies that have paid for medical products, services, items and/or supplies. Review the following notice carefully as the rights of your client(s) may be impacted by its contents.  Should you have any questions or concerns after reviewing this, please contact MSP Recovery at lienresolution@msprecovery.com.

Be advised that PREFERRED MEDICAL PLAN INC., (“ASSIGNOR”), irrevocably assigned, transferred, conveyed, and delivered to MAO-MSO RECOVERY II, LLC (“MAO-MSO”), any and all of its rights, title, ownership and interest in and to the following property:

  1. All legal rights to the accounts receivables, lien reimbursement and recovery rights in connection with all ownership and recovery rights associated with costs and/or claims related to health care services paid by or on behalf of the Assignor as they pertain to Assignor’s Medicare Advantage Health Plans, Medicaid Plans, Medical Insurance Plans and other Medical Plans for which Assignor has or had legal recovery rights pursuant to contractual, statutory (both State and Federal).
    • Without waiving any particular claims, whether they arise from state or federal statute, rules—administrative or otherwise, or the common law; MAO-MSO hereby notifies all interested parties of its intent to pursue any and all claims as they relate to:
      • The Medicare Secondary Payer Act (See 42 U.S.C. 1395y(b), and 42 C.F.R. Part 411, for the applicable statutory provisions);
      • Section 768.76, Florida Statutes (2016).
  2. All legal rights to the Accounts receivable in the form of:
    • Premiums owed by past enrollees in health plans issued or administered by Assignor;
    • Overpayments by Assignor to physicians and other providers for services in connection with health plans issued or administered by Assignor;
    • Overpayments by Assignor to marketing agencies used in connection with health plans issued or administered by Assignor; and
    • Outstanding liens, potential liens, lien rights and subrogation recovery rights in favor of Assignor against recoveries by enrollees, including in any litigation commenced by enrollees.
  3. Any and all rights to any recovery interest not specifically addressed herein but articulated in the applicable assignment document(s), asset and purchase agreement, or other relevant and related document(s) attached hereto. Copies of this letter and the accompanying relevant documents are recorded with the Miami-Dade County Clerk’s Office and may be inspected or requested by contacting the same at:
    • Miami-Dade County Recorder’s Office
    • 22 N.W. 1st Street, First Floor
    • Miami, Florida 33128.

We invite you to contact our offices with any questions or concerns related to this advisory.  Further, we urge attorneys representing former Preferred Medical Plan Inc. insureds who may have collateral source notices pursuant to section 768.76, Fla. Stat. (2016), to send such requests to lienresolution@msprecovery.com *

MSP Recovery
5000 S.W. 75th Avenue, Fourth Floor | Miami, FL 33155
Telephone: (305) 614-2222 | lienresolution@msprecovery.com

 

*Please note, submittal of a claimant’s notification of intent to claim damages from a tortfeasor via lienresolution@msprecovery.com may not satisfy the requirements of section 768.76, Fla. Stat, (2016). Claimant’s counsel is advised to review the requirements articulated in all applicable state and federal law and ensure they comply with the same. In providing claimants or their agents the ability to submit claims electronically, MSP Recovery does not waive any of its rights under the law, including but not limited to proper notice pursuant to §768.76(6), Fla. Stat., (2016) or other applicable state and federal law.