Resolving ERISA Liens and Reimbursement Claims in Personal Injury Cases
Narrowing Claims and Challenging Unreasonable Charges
A live 90-minute CLE video webinar with interactive Q&A
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.
- Overview of the law governing ERISA reimbursement in the context of personal injury settlements
- 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 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?
John V. Cattie, Jr.
Cattie & Gonzalez
Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and... | Read More
Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and repayment obligations as well as assessing a client’s future medical exposure under the MSP Act. In the MSA area, he has personally reviewed or overseen the review of over 10,000 distinct fact patterns. Federal and state court opinions such as Smith v. Marine Terminals of Arkansas, Tye v. Upper Valley Medical Center, and Doe v. Company X cite his analysis favorably.Close
David L. (Dave) Place, JD
The Place Firm
Mr. Place exclusively assists personal injury victims and plaintiff counsel with complex lien resolution problems using... | Read More
Mr. Place exclusively assists personal injury victims and plaintiff counsel with complex lien resolution problems using his vast knowledge of the other side’s techniques. Mr. Place spent fourteen years representing 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