NON-ERISA/PRIVATE INSURANCE
Synergy’s Subject Matter Experts understand subrogation and reimbursement rights in all 50 states and will hold non-preemptive plans to their equitable reductions.
Not all employer or private insurance plans are governed by ERISA. Specifically, ERISA carves out an exemption for government employers and religious employers. These plans are governed by state law provisions detailing the insurer’s right of recovery. Some state laws provide for mandated reductions in which the reimbursement is reduced by the pro rata share of attorney’s fees and costs. For example, in Florida, the applicable law is Florida Statute Section 768.76(4) concerning collateral sources. Some states do not allow a fully insured plan to recover unless the injured party is full compensated for his/her losses.
Non-ERISA or other private insurance plans are subject to state law. Contact a Synergy lien resolution expert to assist with state specific lien resolution questions.