Health Care, Pharmaceuticals, Biotech
Sep. 4, 2026
Self-funded ERISA liens: The plans hold strong cards, not all of them
Self-funded ERISA liens may look unbeatable, but knowledgeable plaintiff attorneys can often turn the law's limits into powerful negotiating leverage.
Resolving medical liens in personal injury cases is not getting any easier, especially when the lienholder is a self-funded ERISA plan. With more than 65% of workers who have employer-sponsored coverage enrolled in self-funded plans, dealing with them is unavoidable. While these plans must provide the minimum benefits mandated by the Affordable Care Act, they remain free to set the terms upon which benefits are paid--and, in the personal injury context, to set the terms of th...
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