- videocam Live Online with Live Q&A
- calendar_month December 9, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Personal Injury and Med Mal
- schedule 90 minutes
Resolving Medical Liens and Reimbursement Claims in Personal Injury Cases: Achieving Predictability and Finality
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Description
The open discussion for personal injury litigators will discuss the latest developments and relevant ERISA, FEHBA, and MAO case law.
Listen as our renowned panelists offer an overview of the law governing subrogation/reimbursement in the context of personal injury settlements and provide guidance on topics of critical importance for resolving liens:
• How to make proper ERISA document request
• Equitable arguments in ERISA
• Negotiation tactics
• Litigative tactics
• FEHBA
• Medicare Advantage
• MAO Procurement cost reduction
• Medicare Refunds
Presented By
Professor Baron has devoted much of his time and attention to the “underdog,” including victims of overzealous criminal prosecutions, as well as victims of tortfeasors and the insurance industry. He has authored significant law journal articles on the matters of subrogation and ERISA Reimbursement. One of Professor Baron's landmark articles was recently cited and quoted by the Hawaii Supreme Court in its significant decision favoring the victims of the Maui Wildfire tragedy over the interests of insurers seeking subrogation. See Matter of Maui Fire Cases, 55 Haw. 409 at 416; 565 P.3d 754 at 716 (2025). He has been actively involved in ERISA reimbursement litigation, representing clients and lawyers in state and federal courts across the country. Professor Baron has served as lead counsel or co-counsel, admitted pro hac vice, in federal district courts across the country including the Southern District of New York, U.S. District of Connecticut, U.S. District of New Mexico, and the Western District of Arkansas. He has participated in three U.S. Supreme Court proceedings involving ERISA Reimbursement. recently became "of counsel" to The Place Firm. Professor Baron recently became "of counsel" to The Place Firm. This arrangement recognizes and solidifies several years of collaboration between Mr. Dave Place and Professor Roger Baron on subrogation files.
Mr. Place exclusively assists personal injury victims and plaintiff counsel with complex lien resolution problems using his vast knowledge of the other side’s techniques. He spent fourteen years representing large private group health insurance plans, self-funded ERISA groups, FEHBA plans, Medicare Advantage plans, state Medicaid plans, as well as stop-loss and disability plans in their subrogation/recovery programs. Mr. Place asserted subrogation/reimbursement rights for those groups in all fifty states, personally recovering nearly one hundred million dollars for the insurance industry.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, December 9, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
I. What is the lien landscape for personal injury litigants in 2025?
A. Medicare Parts A/B (traditional)
B. Medicare Part C (advantage)
C. Medicare Part D (prescription drugs)
D. Medicaid
II. Private/ERISA/FEHBA
A. Affordable Care Act
B. Military
C. Workers' compensation
D. Indian Health
III. Focal point: Medicare advantage plan
A. PAID Act coming, but what about now?
B. How to find that hidden MAP out there?
C. Historical
D. Humana
E. MSP recoveries
IV. Using predictive settlement solutions to resolve liens
V. Judicial allocations via arbitration to minimize lien exposure
A. What does "on the merits" mean?
B. Why settling the case is the wrong path to minimize lien exposure
C. How a well-planned arbitration path makes more sense
VI. Qualified settlement funds (QSFs)
A. Protection for defendants
B. Protection for plaintiffs
VII. Lien resolution compliance programs
A. What is a lien resolution compliance program?
B. Why is 2022 the right time to implement a lien resolution compliance program?
C. What to seek in the right lien resolution compliance program
Benefits
The panel will review these and other consequential issues:
- Why current lien resolution techniques fail to achieve the results intended
- How lienholders are using new tools to increase recovery efforts
- When utilizing predictive settlement solutions makes the most sense
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