Health Insurance Liens

Liens sometimes must be paid from settlements. Here is information about health insurance liens, under federal law. Normally Kansas health insurance plans do not need to be paid from auto or other liability  settlements.
We try to be sure you get the best settlement. i.e. the most in your pocket after paying medical bills, liens and us. This information is from an article from Roger Baron. -Pat Neustrom

TWO FOLLOW-UP OBSERVATIONS to the Montanile decision): Supreme Court holds “no cause of action” for ERISA plan when participant dissipates settlement fund

I have two follow-up comments/observations about the Montanile decision: If one if thinking about seeking relief from an ERISA lien in a manner which is obviously suggested by the Montanile decision, there are at least two additional considerations which should be kept in mind:

1st: Most ERISA plans have “self-help” remedies which are triggered if a participant does not comply with the terms of the plan document. If the participant is “still insured” under the plan and refuses to comply with a reimbursement provision, the plan likely retains the ability to deny payment on future medical bills for the participant (and associated beneficiaries) in order to “pay itself back.” I have unfortunately seen this provision invoked a number of times — it may be more convenient (easier and less expensive) for the plan to do this, as opposed to instituting litigation.

2nd: An attorney’s ability to disburse funds without addressing a medical lien may be addressed by special ethical rules put in place in order to prevent such disbursement.