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 …
Is the PAID Act the Solution for Locating Hidden Medicare Advantage Liens?
April 14, 2022
It is well established that Medicare has a right of reimbursement for payments it made on behalf of a Medicare beneficiary when that beneficiary obtains a settlement from a responsible party. Medicare’s right …
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? …