USSC: ERISA Reimbursement Liens Only Enforceable Against Traceable Assets

In Montanile v. National Elevator, the Court held, 8-1, that an ERISA health benefit plan could not enforce its reimbursement lien created by contract against a member’s general assets.  The lien is only enforceable against specifically identifiable (traceable) funds within the plan member’s possession at the time enforcement is sought.  ABA Health eSource has the story.

Thanks to Bob Bohrer for the tip.