MASSIVE’s Determination Resulted in Large Reduction of FEHBA Lien for Florida Plaintiff

The 19-year-old plaintiff experienced a serious slip and fall accident, which caused a knee injury. She previously sustained sports injuries that were treated on a separate basis.   After a settlement was reached, the Mail Handlers Employee Benefit Plan that covered the costs for both her sports injuries and slip and fall, asserted a large…

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Liens without Plan Language

Lien resolution often starts with one question: What does the plan language say? More specifically we ask if the private insurance lien (or even the ERISA lien) has contract language explaining its rules for subrogation and liens. Every once in a while we find lien holders and health insurers who tell us there isn’t plan…

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Anti-Subrogation States – Defeating a Lien Before it Exists

Sometimes, a lien never has to exist. Sometimes, the insurance company never stands a chance. And sometimes, a client keeps 100% of her net settlement. These times are most often settlements in anti-subrogation states – or states that statutorily refuse to allow subrogation, liens, or insurance reimbursement. The eight officially anti-subrogation states are: Arizona Connecticut…

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FEHBA Liens Now Mimic ERISA Liens

On April 18, 2017, the United States Supreme Court ruled in Coventry Healthcare of Mo., Inc. v. Nevils that reimbursement or subrogation plan language in Federal Employee Health Benefit Plans (FEHBA) preempts any State law. This holding means that FEHBA liens now feel a lot like ERISA liens. Since the McVeigh ruling in 2006, there has…

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