Resolving ERISA Liens and Reimbursement Claims in Personal Injury Cases

Maximizing Settlement Awards by Narrowing Claims and Challenging Unreasonable Charges; Effect of Montanile on ERISA Plan Rights

A live 90-minute CLE webinar with interactive Q&A


Wednesday, September 6, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will give personal injury attorneys practical tips for negotiating and resolving ERISA liens and claims for reimbursement against personal injury settlements in order to maximize recovery for their clients.

Description

Personal injury attorneys spend significant time negotiating ERISA liens and claims for reimbursement in tandem with a personal injury settlement. ERISA reimbursement claims, which involve an ERISA plan administrator seeking repayment of money it paid for the plaintiff’s medical bills, can severely limit a plaintiff’s financial recovery following an injury.

Plaintiffs have a greater chance of reducing liens when they negotiate with the ERISA plan prior to settling the personal injury claim. Therefore, final settlement of personal injury claims should not occur until ERISA liens are addressed. Strategic negotiation of the liens will help personal injury attorneys maximize their clients’ recovery during settlement of their personal injury claim.

The U.S. Supreme Court ruled in Montanile v. Board of Trustees of the National Elevator Indus. Health Benefit Plan (2016) that when an injury victim obtains a settlement from a third party and spends the settlement on non-traceable items, an ERISA health plan may not enforce a reimbursement claim against the victim’s remaining assets. The high court’s ruling provides guidance in this area that supplements the seminal U.S. Airways v. McCutchen ruling.

Listen as our authoritative panel of personal injury litigators discusses the latest developments and relevant case law related to ERISA claims for reimbursement and explains effective tactics for negotiating ERISA liens and maximizing settlements.

Outline

  1. Overview of the law governing ERISA reimbursement in the context of personal injury settlements
  2. Impact of Montanile v. Board of Trustees of the National Elevator Indus. Health Benefit Plan on ERISA liens and reimbursement claims
  3. Best practices for personal injury counsel for negotiating and resolving liens and reimbursement claims
    1. Timing of the lien negotiation
    2. Obtain and review all health insurance coverage and the summary plan description during client intake
    3. Exhaust all other available medical coverage
    4. Request and review the lien
    5. Narrow the claims
    6. Dispute unreasonable items
  4. Update on other types of liens
    1. FEHBA
    2. MAO
  5. Medicare refunds

Benefits

The panel will review these and other key issues:

  • How has the Montanile v. Board of Trustees of the National Elevator Indus. Health Benefit Plan ruling impacted ERISA liens and reimbursement claims in personal injury settlements?
  • What steps should personal injury attorneys take to ensure the most favorable result for their clients when negotiating an ERISA lien?
  • Are personal injury attorneys required to notify ERISA plans of third-party claims and settlements?

Faculty

David L. Place, JD, Vice President, Director of Lien Resolution Services
Synergy Settlement Services, Culpeper, Va.

Mr. Place serves as Director of Synergy Lien Resolution Services and Multi Claimant Solutions, exclusively assisting personal injury victims and plaintiff counsel with complex lien resolution problems using his vast knowledge of the other side’s techniques. Prior to joining Synergy, he represented large private group health insurance plans, self-funded ERISA groups, FEHBA plans, Medicare Advantage plans, state Medicaid plans, as well as stop-loss and disability plans in their subrogation/recovery programs. He asserted subrogation/reimbursement rights for those groups in all fifty states, personally recovering nearly one hundred million dollars for the insurance industry.

Franklin P. Solomon, Founding Partner
Solomon Law Firm, Cherry Hill, N.J.

Mr. Solomon’s nationwide practice is focused on evaluation, litigation and resolution of healthcare lien/reimbursement claims. He represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Prior to opening his own specialty firm, Mr. Solomon’s practice included 20 years of litigating mass tort and individual personal injury claims on behalf of plaintiffs. He is a frequent speaker on healthcare lien and reimbursement issues.


Live Webinar

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

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Webinar

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Customer Reviews

I liked the practical and specific tips.

Natalie Lyons

The Cannon Law Firm

The webinar was well-presented, interesting and informative.

Randi Saul-Olson

McKinney, Wainwright & Saul-Olson

The relevance of the material and impact on the PI practice area was greatly appreciated.

Derek M. Baroumes

Baroumes & Bruen

Overall, a very good presentation. For my practice, the presentation was relevant and highly informative.

David Lawrenz

Hinkle, Hensley, Shanor & Martin

Great content, including everyday examples, provided by each speaker.

Tim Reed

Duncan Firm

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Litigation Advisory Board

David R. Cohen

Partner

Reed Smith

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

FisherBroyles

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Stephen Paffrath

Associate

Greenberg Traurig

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

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