LIEN ADVICE ONLINE Wrong Website Advice - Driven by “AI” ?

The take-away here is that much website information on legal matters- particularly on Tricare or VA claims may be just downright wrong. There is so much good information out there, but unless you know the basics of what you are looking at, PLEASE call some attorney who works with these claims. Here are some examples that can lead a veteran wrong:

One website from a “law group” has this advice: “Liens for TRICARE, a military healthcare program, are not subject to a statute of limitations.” Two problems, the FIRST of which is that TriCare does not have a “lien” on a veteran, nor on their family, nor on your settlement verdict. The fact is that TriCare (or the Veteran’s Administration if your care was there) DOES have a recovery right against the person or entity that hurt you. This can be a problem to be addressed, but there is no lien or claim against you. TriCare is also considered - under the law- a “secondary payor”- which means that if some insurance could have paid your health care bills, they have to pay TriCare back, and you are expected to cooperate with their efforts. The SECOND problem with this statement is that TriCare liens DO have a statute of limitations. That limitation varies depending on what law the TriCare legal beagles try to collect under, but it is either three years (FMCRA) or 6 years (general federal limitation). The point is that many of these sites may not have been written by AI or not checked for years, and incorrect information can cause serious problems.

Another website advertises itself as being a “lien resolution” firm, and it appears the website was written or updated just a couple of months before this posting, and its information on TRICARE “liens” is simply wrong or misleading throughout. I cannot tell, but I am going to guess that someone used some ChatGPT-type program to write this, because responsible humans should not be this off-base and there are clues in the way it is written. This site specifically states: “When TRICARE pays for medical treatment resulting from an accident or injury caused by another party, federal law empowers TRICARE to seek reimbursement from the injured party’s settlement, verdict, or award.” NO IT DOES NOT- not in the vast majority of cases. There is no law that gives TriCare such power. I truly do not want to propagate these mis-statements by further repeating them here, but this page goes on to wrongly say “ TRICARE liens are often automatic—they attach and perfect without formal notice or state filing.” “These liens take priority over most other claims, including attorney fees and other lienholders (except Medicare in some cases)” and “The government seeks the “reasonable value” of all injury-related medical care it funds.” The first two of those quotes are simply wrong, letting alone the fact that there actually is no “lien,” and the third statement is more general and although it quotes the language of a statute, it really would mostly apply to claims for recovery by the VA for medical care. Many attorneys will disagree with each other on how to handle various matters. You will not find a shortage of disagreements on interpretation of laws and regulations, or how to keep you safe. But just using these online or AI resources can cost you a lot- maybe everything. I urge you to consult legal counsel who do this work and can explain what the law says. Our office has been doing this work for decades, and we still research almost everything because laws and rules change often.