CUTTING EDGE INDUSTRY THOUGHT LEADERSHIP INSIGHTS

Synergy’s blog brings you the industry’s foremost thought leadership InSights on matters of healthcare lien resolution and Medicare Secondary Payer Compliance. Visit often to discover helpful InSights on important lien resolution compliance issues.

Lien Resolution

ERISA Plan Denied Temporary Restraining Order, No Imminent Harm

December 6, 2021 By: Teresa Kenyon, Esq. 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 found that the health plan did not present sufficient evidence to satisfy all necessary requirements […]

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What Should You Do About Possible Health Insurance Liens?

August 12, 2021 Teresa Kenyon, Esq. 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? Or maybe you have settled a case and you just received a notice letter from […]

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What are Your ERISA Plan’s Recovery Rights?

What are Your ERISA Plan’s Recovery Rights?

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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