By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services Who can be a defendant in an action brought under Section 502(a)(3) of ERISA? ERISA self-funded plans are becoming more and more aggressive about asserting their reimbursement rights when one…
On June 6th, 2022, the United States Supreme Court decided in a 7-2 decision to allow Florida Medicaid, pursuant to Section 409.910 of the Florida Statutes, to recover its lien from all medical damages past and future. This decision has nothing to do with future…
The United States Supreme Court today decimated the Ahlborn Medicaid lien precedent with its ruling in Gallardo. This ruling will hurt the most vulnerable of injury victims, Medicaid beneficiaries. It will make certain cases impossible to settle. Very sad day for those who need all…
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC Although a deep dive into ERISA law and liens is beyond the scope of this article, this will give you an overview and a starting point. The Employee Retirement Income Security Act was passed by Congress and…
By Jason D. Lazarus, J.D., LL.M., CSSC, MSCC For clients who are Medicaid, they will most likely have a Medicaid lien when their case is settled. Every state must comply with federal Medicaid statutes and regulations to participate in the joint federal-state Medicaid program. Pursuant…
By Guest Authors Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services & Samantha Webster – Director of Case Management for Synergy Settlement Services Synergy has successfully reduced the lien asserted against your client’s settlement. It is great news! Because Synergy has reduced…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services 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…
By Guest Author Teresa Kenyon, Esq. – Director of Lien Resolution for Synergy Settlement Services 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…
By Guest Author Rasa Fumagalli, J.D., MSCC, CMSP-F – Director of MSP Compliance Services The conditional payment recovery process in a workers’ compensation claim is not always smooth. Although the workers’ compensation insurance carrier will generally resolve any conditional payments in an accepted claim, the…
By Guest Author Michael Walrath, Esq. – Director of Synergy’s Medical Bill Clinic Introduction Plaintiffs’ lawyers largely understand settlement proceeds which are subject to a claim of lien must be protected in trust, even against the client’s interests or wishes. An attorney may not serve…
