RESOLVING ERISA LIENS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Generally, employer-sponsored benefits plans are governed by the Employee Retirement Income Security Act of 1974, commonly referred to as ERISA.[1] However, certain employers and their benefits plans are not subject to ERISA. These include governmental plans;[2] church plans;[3] plans maintained solely for the purpose of complying with applicable Workmen’s…
PUBLIC BENEFITS CONSIDERATIONS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Personal Injury attorneys must inquire as to whether their clients are receiving public benefits. Certain benefits are means-tested, so that if the client receives money directly those benefits are reduced or lost completely. This article will outline the common public benefits and indicate whether the receipt of a personal…
MEDICAID LIENS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Assignment to State of Rights against Third Parties As a condition of Medicaid eligibility, a Medicaid applicant is required to assign to the state any rights to payment of medical care from any third party.[1] This is essentially a statutory right of subrogation. Federal law further requires that each…
MEDICARE SET-ASIDE ARRANGEMENTS IN SPECIAL NEEDS TRUSTS
by Thomas D. Begley, Jr., CELA Countable Asset for SSI and Medicaid A question arises as to whether assets held in an MSA are countable for SSI and Medicaid purposes. This has been addressed by CMS in the WC context, but the same line of reasoning should apply to third party liability cases. CMS…