Personal Injury Attorney Sued by ERISA Plan for Funds in Attorney’s Possession
Self-funded ERISA plans are becoming more and more aggressive about asserting their reimbursement rights when one of their members has settled a pi claim.
Synergy’s blog brings you the industry’s foremost thought leadership InSights on matters of healthcare lien resolution and Medicare Secondary Payer Compliance. Visit often to discover helpful InSights on important lien resolution compliance issues.
Self-funded ERISA plans are becoming more and more aggressive about asserting their reimbursement rights when one of their members has settled a pi claim.
You might ask yourself, why hire experts to assist with outsourcing lien resolution when I can do it myself.
On June 6th, 2022, the United States Supreme Court decided in a 7-2 decision to allow Florida Medicaid, pursuant to Section 409.910 of the Florida Statutes, to recover its lien from all medical damages past and future.
The “reasonable value” of healthcare is an issue throughout our entire system and there’s no definition of what is “reasonable value”.
Free Download: Medicare Advantage Liens Whitepaper
December 6, 2021 By: Teresa Kenyon, Esq. 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 found that the health plan did not present sufficient evidence to satisfy all necessary requirements […]
August 12, 2021 Teresa Kenyon, Esq. 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? Or maybe you have settled a case and you just received a notice letter from […]
May 13, 2021 Michael Walrath, Esq. Introduction Plaintiffs’ lawyers largely understand settlement proceeds which are subject to a claim of lien must be protected in trust, even against the client’s interests or wishes. An attorney may not serve as the “sole arbiter” of a lien dispute, take it upon herself or himself to decide the […]
April 22, 2021 Michael D. Walrath, Esq. Direct provider “liens” against settlement proceeds have teeth, whether hospital or physician liens, statutory or contractual. The various positions of state bar associations on these issues, and the limited law delineating them, have historically been ever shifting and evolving but two things are clear. Liens must be released […]