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
Recording of a 90-minute CLE webinar with Q&A
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.
- Overview of the law governing ERISA reimbursement in the context of personal injury settlements
- Impact of Montanile v. Board of Trustees of the National Elevator Indus. Health Benefit Plan on ERISA liens and reimbursement claims
- Best practices for personal injury counsel for negotiating and resolving liens and reimbursement claims
- Timing of the lien negotiation
- Obtain and review all health insurance coverage and the summary plan description during client intake
- Exhaust all other available medical coverage
- Request and review the lien
- Narrow the claims
- Dispute unreasonable items
- Update on other types of liens
- Medicare refunds
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?
David L. Place, JD
Vice President, Director of Lien Resolution Services
Synergy Settlement Services
Mr. Place serves as Director of Synergy Lien Resolution Services and Multi Claimant Solutions, exclusively assisting... | Read More
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.Close
Franklin P. Solomon
Solomon Law Firm
Mr. Solomon’s nationwide practice is focused on evaluation, litigation and resolution of healthcare... | Read More
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.Close