Hospital Liens Carry Ethical and Legal Obligations
April 22, 2021
Michael D. Walrath, Esq.
Direct provider “liens” against settlement proceeds have teeth, whether hospital or physician liens, statutory or contractual. The various positions of state bar associations on these issues, and the limited law delineating them, have …
Preparing for the ERISA Lien Battle
February 11, 2021
The dreaded ERISA lien. The vendors representing ERISA self-funded health plans’ interests certainly want you to believe that it must be reimbursed in full. They will cite the US Airways v McCutchen case, tell …
Why Was the Ahlborn Case Such a Significant Victory for Injury Victims?
October 20, 2020
Heidi Ahlborn was injured in a very serious car accident in January of 1996. At the time, she was a nineteen-year-old college student pursuing a degree in teaching. She suffered a catastrophic brain injury that left her …
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 …
Greater Understanding for More Effective ERISA Lien Negotiation
August 13, 2020
By: Teresa Kenyon
Medical liens or reimbursement demands are generally an unwelcomed part of the whole recovery process for personal injury attorneys. It’s the case after the case. The target is always moving and there is a …
Hospital Liens: Factual and Legal Reduction Strategies
February 13, 2020
By: Michael Walrath
Some of the most frustrating and murky issues facing attorneys representing injured clients stem from alleged direct provider “liens” against settlement proceeds. The positions of various state bar associations on these issues, and the …
Handling Medical Liens in a Post-Montanile World, Tackle Head On
Teresa S. Kenyon
A fleeting memory of Montanile may have plaintiff attorneys encouraging injured parties to quickly spend their settlement funds thereby avoiding the lien asserted by their health plan. This would be a false narrative that could prove to …
