CUTTING EDGE INDUSTRY THOUGHT LEADERSHIP INSIGHTS

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.

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A Response to the SEC Bulletin: The Truth about Factored Structured Settlements as an Investment Vehicle

A Response to the SEC Bulletin: The Truth about Factored Structured Settlements as an Investment Vehicle

On May 13, 2013 the US Securities and Exchange Commission, Office of Investor Education and Advocacy, issued an Investor Bulletin entitled, “Pension or Settlement Income Streams: What you need to know before buying or selling them.” It is the opinion of the authors that this bulletin is misleading and in some cases inaccurate concerning the sale of structured settlement payment streams and factored structured settlements as an investment vehicle.

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Back to the Future: U.S. Airways v. McCutchen

Back to the Future: U.S. Airways v. McCutchen

On April 16, 2013, the United States Supreme Court clarified how equitable principles interact with the plan language of self-funded ERISA health plans.  The question presented to the Court was: Should the principles of “common fund,” often referred to as a reduction for attorney fees, and “made whole,” the principle requiring full compensation to the injured party before subrogating parties are allowed to recover, overcome express plan language abrogating those principles? Sadly, the Court has ruled that they should not.

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Vioxx Settlement Recipients May Be On Their Own For ERISA Lien Resolution

Vioxx Settlement Recipients May Be On Their Own For ERISA Lien Resolution

Families and individuals injured by Vioxx may still have lien claims to resolve despite the Lien Resolution Administrator’s attempt to manage these claims.  In a December 4, 2012 ruling the United States District Court, E.D. Louisiana denied the motion of approximately forty six (46) insurance companies to have their lien claims resolved from the Vioxx settlement fund.

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