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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Tuesday, December 10, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE course will give personal injury attorneys practical tips for negotiating and resolving ERISA liens and claims for reimbursement against personal injury settlements to maximize recovery for their clients.

Faculty

John V. Cattie
Managing Partner
Cattie & Gonzalez, PLLC

Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and repayment obligations as well as assessing a client’s future medical exposure under the MSP Act. In the MSA area, he has personally reviewed or overseen the review of over 10,000 distinct fact patterns. Federal and state court opinions such as Smith v. Marine Terminals of Arkansas, Tye v. Upper Valley Medical Center, and Doe v. Company X cite his analysis favorably.

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David L. Place
Owner
The Place Firm, PLLC

Mr. Place exclusively assists personal injury victims and plaintiff counsel with complex lien resolution problems using his vast knowledge of the other side’s techniques. Mr. Place spent fourteen years representing large private group health insurance plans, self-funded ERISA groups, FEHBA plans, Medicare Advantage plans, state Medicaid plans, as well as stop-loss and disability plans in their subrogation/recovery programs. He asserted subrogation/reimbursement rights for those groups in all fifty states, personally recovering nearly one hundred million dollars for the insurance industry.

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Description

Personal injury attorneys spend significant time negotiating ERISA liens and claims for reimbursement in tandem with a personal injury settlement. ERISA reimbursement claims, which involve an ERISA plan administrator seeking repayment of the money it paid for the plaintiff's medical bills, can severely limit a plaintiff's financial recovery following an injury.

Plaintiffs have a higher chance of reducing liens when negotiating with the ERISA plan before settling the personal injury claim. Therefore, the final settlement of personal injury claims should not occur until after addressing ERISA liens. Strategic negotiation of the liens will help personal injury attorneys maximize their clients' recovery during the settlement of their claims.

Personal injury lawyers need to be especially alert when an ERISA plan claims to be self-funded with stronger rights of recovery. However, not all funds that claim to be "self-funded" actually are.

Listen as our authoritative panel of personal injury litigators discusses the latest developments and relevant case law related to ERISA claims for reimbursement and explains effective tactics for negotiating ERISA liens and maximizing settlements.

Outline

  1. Overview of the law governing ERISA reimbursement in the context of personal injury settlements
  2. Best practices for personal injury counsel for negotiating and resolving liens and reimbursement claims
    • Timing of the lien negotiation
    • Obtain and review all health insurance coverage and the summary plan description during client intake
    • Exhaust all other available medical coverage
    • Request and review the lien
    • Narrow the claims
    • Dispute unreasonable items
  3. Update on other types of liens
    • FEHBA
    • MAO
  4. Medicare refunds

Benefits

The panel will review these and other relevant issues:

  • What are the latest developments and applicable case law related to ERISA claims for reimbursement?
  • What steps should personal injury attorneys take to ensure the most favorable result for their clients when negotiating an ERISA lien?
  • Are personal injury attorneys required to notify ERISA plans of third-party claims and settlements?