About the Course
Introduction
This CLE will provide the trial bar with and understanding of the ERISA, Federal Employees Health Benefits Act (FEHBA), and Medicare Advantage lien resolution process, as well as provide practical and litigative tips for how to eliminate or reduce the repayment demands being asserted.
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
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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Date + Time
- event
Tuesday, December 9, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
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 now the right time to implement a lien resolution compliance program?
C. What to seek in the right lien resolution compliance program
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
