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


Conducted on Wednesday, September 6, 2017

Recorded event now available

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Program Materials

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.

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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

Place, David
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

Franklin P. Solomon
Franklin P. Solomon

Founding Partner
Solomon Law Firm

Mr. Solomon’s nationwide practice is focused on evaluation, litigation and resolution of healthcare...  |  Read More

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