ERISA Liens

ERISA-based health plans often assert aggressive reimbursement claims that can dramatically reduce your client’s recovery. ERISA liens and ERISA plans present unique and complex issues of Federal Law, and issues of federal preemption of state laws. ERISA plans may be funded by contribution from both the employer and employee (Self-Funded) or by purchased insurance coverage. If self-funded, ERISA preempts state law, and is subject to a complex web of decisional, statutory and regulatory Federal law, and typically entail active engagement with not only the acting subrogation agent, but also the plan’s claims administrator and plan administrator to reach an equitable resolution on behalf of the client.

At The Lien Project, PC, we dissect ERISA plan language, analyze preemption issues, and identify opportunities to minimize or eliminate asserted liens under applicable law. Our case-tested approach considers both equitable doctrines and recent case law developments to challenge overreaching demands and protect your client’s settlement. We provide detailed plan analysis, fiduciary duty assessments, and strategic negotiation support to keep ERISA plans in check and minimize impact upon your client’s net recovery.