ERISA LIENS 2025

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ERISA, or the Employee Retirement Income and Security Act, is a federal statute that regulates certain employee benefit plans, including health insurance plans. ERISA subrogation or ERISA lien refers to the ERISA health plans right to recover proceeds paid out related to a plan participants third-party injury.
Under the ERISA statute and the Internal Revenue Code, employee benefit plans generally are required to file the Form 5500, Annual Return/ Report of Employee Benefit Plan, including any attachments and schedules. The Form 5500 is information, required by and filed with, the Department of Labor (DOL).
Let them know that ERISA liens can be difficult to negotiate, and that success in reducing the lien claims will depend greatly on the plan language and whether the plan is insured or self-funded. Obtain a copy of the contract language and read it carefully.
If you fail to pay debt associated with a lien, your lender or creditor has the right to seize the property or asset to cover it. Example: If you dont pay a mortgage lien, the lender could foreclose on your property and sell it to recoup their loss. And if you dont repay an auto loan, your car can be repossessed.
For those on an ERISA plan, your employer or health insurer can use a lien to collect money paid for your medical care. In this situation, they can take money from your personal injury settlement to cover the costs of your medical care.
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