ERISA-controlled health plans can claim full reimbursement under U.S. Airways v McCutchen. Funding decisions account for this.
Health plans governed by ERISA — typically self-funded employer plans — can claim full reimbursement of what they paid for accident-related care, with limited reduction under most plan language.
After the Supreme Court's U.S. Airways v. McCutchen decision, plan language often controls. Strong plan language can require dollar-for-dollar reimbursement without reduction.
These liens can significantly reduce net recovery, particularly on cases with substantial medical treatment.
AARC's funding decisions account for ERISA lien exposure based on plan language and treatment costs.
Your attorney works to negotiate ERISA liens down where possible, but flexibility varies widely.
Call (800) 297-3834 for funding decisions that realistically account for ERISA exposure.
