Articles Posted in ERISA rights of repayment (NOT a lien)

I am often asked the question, “Is there a statute of limitations on ERISA subrogation claims.” Most often, this question arises when a claim is settled and the lawyer had no knowledge of any ERISA subrigation rights and months or years later the lawyer receives a letter from a subrogation collection company. Like so many…

A great op-ed piece about the horrible and judicially mutilated zombie of ERISA Laws. Rebalancing the scales of justice Barack Obama must stop the supreme court from providing immunity to health insurers and other corporate law-breakers Fourteen years ago, a single mother named Ann Dunham began a long, ultimately unsuccessful battle with cancer – and…

The WorkPlaceProf Blog has posted an interesting case which has some very minor posisbilities of being a “nose under the tent” in NC to avoid ERISA liens. Basically, the case cited from the US Supreme Court has allowed a state to trump ERISA in order to “take” money away from a retirement plan for a…

Who do you have to pay back from a settlement? North Carolina is one of a few states which does not allow health plans to seek reimbursement from personal injury settlements. Our “anti-subrogation rules,” which are insurance rules from the NC Department of Insurance, have many exceptions, however. Medicaid, Medicare, the State Employee Health Plan,…