Navigating ERISA Plan Subrogation and Reimbursement: Strategies for Reductions
Navigating the intricacies of subrogation and reimbursement for ERISA-governed health plans demands a comprehensive understanding of statutory frameworks, plan documentation, and pertinent case law. Attorneys representing clients facing such liens must employ meticulous strategies to effectively negotiate reductions. Reducing these …
Top Cases for Lien Resolution
Teresa Kenyon, Esq. and Kevin James
Effectively minimizing or eliminating the reimbursement of any claimed medical lien is a critical part of ensuring just compensation for the injured. Personal injury lawyers encounter numerous obstacles in the process of resolving liens. …
Why Personal Injury Attorneys Should Partner with Lien Resolution Experts?
November 9, 2023
Introduction
In the world of personal injury law, every moment counts. The intricacies of building a solid case, negotiating with insurance companies, and advocating for your clients in court demand your undivided attention. Yet, …
Personal Injury Attorney Sued by ERISA Plan for Funds in Attorney’s Possession
September 8, 2022
Kevin James, Esq.
Who can be a defendant in an action brought under Section 502(a)(3) of ERISA?
ERISA self-funded plans are becoming more and more aggressive about asserting their reimbursement rights when one of their members has …
Outsourcing of Lien Resolution for Personal Injury Law Firms
August 1, 2022
By Jason D. Lazarus, J.D., LL.M., MSCC
You might ask yourself, why hire experts to assist with lien resolution when I can do it myself. You also might ask whether it is ethically permissible to outsource lien …
ERISA Plan Denied Temporary Restraining Order, No Imminent Harm
December 6, 2021
In HMS Holdings LLC v Ted A Greve & Associates P.A. et al, 2021 WL 5163308, an ERISA self-funded health plan was denied a temporary restraining order (TRO) on settlement funds. The court …
What Should You Do About Possible Health Insurance Liens?
August 12, 2021
When handling a third-party liability case and you know your client had health insurance that paid the medical expenses, should you check to see if there is a lien interest on the settlement funds? …
Preparing for the ERISA Lien Battle
February 11, 2021
The dreaded ERISA lien. The vendors representing ERISA self-funded health plans’ interests certainly want you to believe that it must be reimbursed in full. They will cite the US Airways v McCutchen case, tell …
