Synergy Blog

What are Your ERISA Plan’s Recovery Rights?

October 7, 2020

Most, if not all, ERISA health insurance plans state that injuries caused by a liable third party are not a covered expense and require reimbursement when a plan pays for injury-related medical expenses (often referred to as subrogation clauses). ERISA provides that health plans which qualify under its provisions can bring a civil action under section 502(a)(3) to obtain equitable relief to enforce the terms of the plan. Appropriate equitable relief is really the only enforcement mechanism an ERISA plan can utilize to address its reimbursement rights contained in the plan. For more information, read this excerpt from my book ‘The Art of Settlement

 

TESTIMONIALS

“Synergy is our guiding light for deferring our contingent legal fees and planning for retirement. The lawyers at Panter Panter & Sampedro, myself included, have been working with them for over ten years using different methods to defer comp and plan for retirement.”

Brett Panter
Panter, Panter & Sampedro

"I don't think I've directly said "thank you" for helping us with Bridgett’s case. We sent the reduced payment to Medicaid and called Bridgett's mom to tell her approximately how much money was going to be left for Bridgett and she broke down over the telephone. Given only $25k of insurance and a $850k medical bill from the hospital she didn't think Bridgett would ever see a penny."

Tom L. Copeland
Jeffrey Meldon & Associates, P.A.

Hospital "Liens" vs. "Debts": A Distinction With a BIG Difference ​​​​​​​Third Thursday Webinar Series

Join Director of Synergy Medical Bill Clinic, Michael Walrath, Esq. as he delves into the differences between “direct provider liens” and mere “medical debts.” In this webinar, he will describe how and why these important distinctions impact the lien resolution process and expected outcomes, while also dictating the various ethical and legal exposures faced by Plaintiffs’ Lawyers, post-settlement. A 15 minute Q&A will follow the presentation.

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