FEHBA and military healthcare liens remain outside the state-law framework most reimbursement arguments are built on. In Coventry Health Care of Missouri, Inc. v. Nevils (2017), the Supreme Court held that FEHBA’s preemption provision displaces state laws barring subrogation and reimbursement, so a properly drafted plan can pursue repayment even where state law would otherwise block it. Military claims run on a different track again, under the Federal Medical Care Recovery Act (FMCRA), which gives the government an independent right of action and whose administrators frequently decline to recognize attorney fees. Both are enforced aggressively, and both typically open at full repayment.
Don’t Let FEHBA & Military Liens Eat Away at Your Time or the Net
The unique challenges of TRICARE, VA, CHAMPVA and FEHBA claims. How FEHBA preemption works after Nevils, how the FMCRA operates differently, why these programs enforce as hard as they do, and where the reduction arguments still sit.
Justin James on why federal liens behave differently from everything else on the desk, and what changes about the resolution process once they do.
Learn the proven strategies to resolve FEHBA and military liens. From understanding federal enforcement to negotiating smarter, this blog gives trial lawyers practical insight into protecting recoveries.
Synergy is the nation's largest provider of single-event healthcare lien resolution and Medicare Secondary Payer compliance for personal injury law firms. We act as an extension of the firm, removing the lien resolution administrative burden and ensuring compliance so our clients can focus on what they do best. Our team pairs deep subrogation expertise with advanced technology and industry leading customer service to deliver exceptional outcomes. With more than 300 years of combined experience across all 50 states, we have saved injury victims over $1 billion through strategic lien resolution.
Send it over. A Synergy attorney or lien specialist will tell you what the claim actually is, what the program can enforce, and where the reduction opportunities sit. With Q4 underway, a federal claim that is not moving now is one that likely will carry over into January. Request a Free Federal Lien Analysis.
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