Non-ERISA Group Health Subrogation: When State Law and the Made-Whole Doctrine Apply
Not every group health plan is ERISA-governed. When the insurer is a fully insured, state-regulated carrier rather than a self-funded emplo…
Category
Liens & Settlement
Medical liens, Letters of Protection, ERISA/MSP reductions, and settlement-distribution mechanics.
Medi-Cal Reimbursement in California PI Settlements: DHCS Claims, Reduction Strategies, and Disbursement
California's Medi-Cal program asserts a reimbursement claim in personal injury settlements that is governed by Welfare and Institutions Cod…
Comp and PI Together: Which Case to Close First and Why It Matters
When your client has both a workers' comp claim and a third-party PI case, the order you settle them decides who eats the credit and how mu…
Medicare Part D Recovery in PI Settlements: The Drug Plan Lien Most Attorneys Miss
Part D prescription drug plans carry independent MSP reimbursement rights that operate completely separately from Part A and Part B conditi…
FEHB Plan Recovery in PI Settlements: The Federal Employee Benefit Lien Most Plaintiff Attorneys Overlook
Federal Employees Health Benefits plans cover roughly 8 million federal workers and their dependents. When an FEHB-covered plaintiff settle…
Air Ambulance Billing in PI Settlements: Federal Preemption, No Surprises Act Limits, and Negotiating the Balance Bill
Ground ambulance and air ambulance billing present fundamentally different legal problems in PI settlements. Federal preemption blocks stat…
Lien Resolution at Scale: PAID Act Compliance, Medicare Coordination, and the MDL Disbursement Workflow
When thousands of plaintiffs settle in a mass tort MDL, lien resolution becomes a logistics operation as much as a legal one. The PAID Act…
ERISA Plan Reimbursement After Montanile: Defending Against the Self-Funded Plan's Demand
When a self-funded ERISA plan's subrogation administrator contacts you, the initial demand is usually inflated and the legal basis is more…
Letter of Protection at Settlement: Negotiating the Provider Lien and Protecting Net Recovery
Letters of protection give uninsured and underinsured plaintiffs access to needed medical care during litigation, but the resulting provide…
When the Taxman Reaches Your Client's Settlement Check
A federal tax lien attaches to a settlement the moment your client has a right to the money — long before the check clears trust. Here is h…
VA and CHAMPVA Recovery in Personal Injury Settlements: A Practical Guide
When the VA treats a veteran for injuries caused by a third party, federal law gives the agency a right to recover its costs from any third…
Qualified Settlement Funds: Using the 468B Trust to Resolve Liens Before Disbursement
A Qualified Settlement Fund lets a defendant pay out while lien resolution is still in progress, accelerating case closure without pressuri…