The Summary Plan Description (SPD) should include your plan's claims procedures. Usually, you fill out the required paperwork and submit it to the plan.A health insurance company may be able to use an ERISA lien to collect money that a plaintiff is awarded in a personal injury lawsuit. This GRIST provides a basic primer on ERISA's preemption of state laws, including various exceptions, exclusions and court rulings. Although the law was originally enacted to protect employee pension funds, it also affects employer-sponsored health insurance. The Hawaii Prepaid Health Care Act (HPHCA) requires private employers to provide healthcare coverage for all eligible Hawaii employees. ERISA plans that do not opt-in to Georgia's law. For all other health plans, the federal law defers to state law to calculate the "recognized amount. 45: No. 2, Article 5.