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Why ERISA Plan Language Is the Hidden Battlefield in Lien Resolution

July Blog - Teresa Kenyon

When personal injury lawyers hear ERISA, they may think of “troubling” case law like McCutchen. But what is most important when it comes to resolution of an ERISA lien?  ERISA plan language! And depending on the plan language,

Navigating ERISA Plan Subrogation and Reimbursement: Strategies for Reductions

Strategy

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 …

Advanced Lien Resolution: Medicare, Medicaid, ERISA, and Military Liens

SLRS

Introduction

Effective lien resolution is pivotal in personal injury cases. Liens—claims from healthcare providers, insurers, or government agencies against a plaintiff’s settlement—can significantly impact the net recovery. Understanding and managing these liens is crucial for maximizing the client’s recovery and …

Effective Steps for Negotiating and Resolving Healthcare Liens

SLRS

Resolving healthcare liens is essential to ensuring that personal injury clients receive their maximum net recovery. A structured approach to negotiating and resolving these liens helps protect clients’ interests and comply with legal requirements. Here’s a streamlined guide to managing …

Navigating the Maze of Hospital Liens

Navigating hospital and provider liens in personal injury cases can be a labyrinthine process.  These liens trigger ethical considerations, generally involve inflated charges, and have intricate state-specific regulations to navigate. For personal injury attorneys, understanding these liens and devising effective …

Medicaid Lien Resolution Fundamentals

Medicaid

Medicaid liens often arise in personal injury cases where the injured party is indigent, and the program has covered the client’s medical expenses. Under federal law, Medicaid programs must recover these expenses from third-party settlements. However, the process is governed …

To Outsource or Not: Which Lien Type Makes Sense

SLRS

The decision to outsource lien resolution is pivotal in a personal injury practice as it can significantly improve both the efficiency of the firm and financial outcome of a client’s case. With varying complexities and regulatory requirements, understanding which healthcare …

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