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Resolving ERISA Liens and Reimbursement Claims in Personal Injury Cases

Narrowing Claims and Challenging Unreasonable Charges

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, September 22, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will give personal injury attorneys practical tips for negotiating and resolving ERISA liens and claims for reimbursement against personal injury settlements 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 the money it paid for the plaintiff's medical bills, can severely limit a plaintiff's financial recovery following an injury.

Plaintiffs have a higher chance of reducing liens when negotiating with the ERISA plan before settling the personal injury claim. Therefore, the final settlement of personal injury claims should not occur until after addressing ERISA liens. Strategic negotiation of the liens will help personal injury attorneys maximize their clients' recovery during the settlement of their claims.

In 2016, the U.S. Supreme Court ruled in Montanile v. Board of Trustees of the National Elevator Indus. Health Benefits Plan: 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 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. 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
  3. Update on other types of liens
    1. FEHBA
    2. MAO
  4. Medicare refunds

Benefits

The panel will review these and other relevant issues:

  • What are the latest developments and applicable case law related to ERISA claims for reimbursement?
  • 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

Cattie, John
John V. Cattie, Jr.
Managing Partner
Cattie & Gonzalez

Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and...  |  Read More

Place, David
David L. (Dave) Place, JD
Owner
The Place Firm

Mr. Place exclusively assists personal injury victims and plaintiff counsel with complex lien resolution problems using...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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