Lien Resolution

What Gives Health Care Plans The Right To Recover?

January 12, 2023

January 12, 2023 Teresa Kenyon, Esq. Dealing with medical liens is the dreaded case after the case for most personal injury attorneys. As a personal injury attorney, you’ve worked hard to prove the tortfeasor has liability for the damages incurred by your injured client and secure a recovery. When settlement is reached and the funds […]

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What are Your ERISA Plan’s Recovery Rights?

What are Your ERISA Plan’s Recovery Rights?

April 6, 2021

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.

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