Personal Injury Attorney May Be Sued by ERISA Plan for Funds in Attorney’s Possession
September 8, 2022
Kevin James, Esq.
Who can be a defendant in an action brought under Section 502(a)(3) of ERISA?
ERISA self-funded plans are becoming more and more aggressive about asserting their reimbursement rights when one of their members has …
Outsourcing of Lien Resolution for Personal Injury Law Firms: The Why & Ethical Issues
August 1, 2022
By Jason D. Lazarus, J.D., LL.M., MSCC
You might ask yourself, why hire experts to assist with lien resolution when I can do it myself. You also might ask whether it is ethically permissible to outsource lien …
Gallardo v. Marstiller: Medicaid Liens-Undoing of Ahlborn
Jason D. Lazarus, J.D., LL.M., CSSC, MSCC
June 9, 2022
On June 6th, 2022, the United States Supreme Court decided in a 7-2 decision to allow Florida Medicaid, pursuant to Section 409.910 of the Florida Statutes, to recover its lien …
Hospital Liens and the Reasonable Value of Care
June 9, 2022
The “reasonable value” of healthcare is an issue that weaves throughout our entire system. Even so, there’s no concrete definition of what exactly is “reasonable value”. Dr. Gerard Anderson of Johns Hopkins University School …
Free Download: Resolution of Part C Medicare Advantage (MAO) Liens White Paper
April 7, 2022
Jason D. Lazarus, J.D., LL.M., CSSC, MSCC
Some clients, post-accident, may have switched from Medicare Parts A/B over to a Part
C Medicare Advantage Plan. Therefore, even if you have gone through the resolution process
for your
ERISA Plan Denied Temporary Restraining Order, No Imminent Harm
December 6, 2021
In HMS Holdings LLC v Ted A Greve & Associates P.A. et al, 2021 WL 5163308, an ERISA self-funded health plan was denied a temporary restraining order (TRO) on settlement funds., The court …
What Should You Do About Possible Health Insurance Liens?
August 12, 2021
When handling a third-party liability case and you know your client had health insurance that paid the medical expenses, should you check to see if there is a lien interest on the settlement funds? …
Hospital “Liens” vs. “Debts”: A Distinction with a BIG Difference
May 13, 2021
Introduction
Plaintiffs’ lawyers largely understand settlement proceeds which are subject to a claim of lien must be protected in trust, even against the client’s interests or wishes. An attorney may not serve as the …
White Paper: Hospital Liens Carry Ethical and Legal Obligations but present Opportunity for Deep Reductions
April 22, 2021
Michael D. Walrath, Esq.
Direct provider “liens” against settlement proceeds have teeth, whether hospital or physician liens, statutory or contractual. The various positions of state bar associations on these issues, and the limited law delineating them, have …
Preparing for the ERISA Lien Battle
February 11, 2021
The dreaded ERISA lien. The vendors representing ERISA self-funded health plans’ interests certainly want you to believe that it must be reimbursed in full. They will cite the US Airways v McCutchen case, tell …
