Personal Injury Claims and the Medicare Secondary Payer Act
Strategies for Claims Settlement to Mitigate MSP and Section 111 Liability Risks
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, September 28, 2011
Recorded event now available
This CLE webinar will provide personal injury counsel with a review of liability risks under the Medicare as Secondary Payer Act and Section 111. The panel will also discuss recent legal developments and provide best practices to minimize risks and comply with the law when engaging in settlements.
Description
Personal injury settlements require satisfaction of Medicare's lien interest if Medicare made conditional payments for an injured plaintiff. Counsel for both plaintiff and defendant may be held liable to satisfy the Medicare lien if Medicare's interest is not properly protected in the settlement.
The MMSEA Section 111 mandates proper reporting of personal injury settlements made after Oct. 1, 2011, to the government. Failing to timely report the settlement of a personal injury claim can result in a fine of up to $1,000 per day.
There are a number of steps all parties can take during settlement to minimize the risks of Medicare Secondary Payer Act liability and to comply with Section 111 of MMSEA.
Listen as our authoritative panel of personal injury attorneys discusses the recent statutory and case developments regarding Medicare liens, reviews the statutory requirements for Medicare lien satisfaction under the MSP, and outlines the new settlement reporting requirements under Section 111. The panel will also discuss strategies for crafting effective personal injury settlements to minimize personal liability for Medicare liens.
Outline
- Medicare as Secondary Payer Act Liability
- Liability Issues for plaintiff’s counsel
- Liability Issues for defendant’s counsel
- Measures to minimize MSP liability in settlements
- Section 111
- Reporting Overview
- Medicare Queries
- Settlement Agreements and Releases
- Recent legal developments
- Case law
- Legislative
Benefits
The panel will review these and other key questions:
- What are the personal injury counsel's responsibilities regarding Medicare’s interests when settling a case?
- How does the MMSEA affect personal injury settlements?
- What is the potential liability to the government for the attorneys involved in personal injury suits?
- What are the new reporting requirements of Section 111—and who is responsible for compliance?
Faculty
Jeremy T. Burton,
Partner
Williams Montgomery & John, Chicago
He is a partner and a member of the firm's Product Liability and Tort Defense Practice Groups. He focuses his practice on defending product liability, premises liability, insurance coverage and commercial matters in state and federal courts.
John Randall Whaley,
Partner
Neblett Beard & Arsenault, Alexandria, La.
His practice focuses on class actions, complex litigation, consumer protection, wrongful death, and serious personal injury representing victims and consumers injured by the negligence and fraud of others. He is an experienced litigator, having tried many cases and class certification issues in both state and federal courts, as well as having argued in many appellate courts.
Sylvius H. Von Saucken,
Chief Compliance Officer
Garretson Resolution Group, Cincinnati
He has led the firm’s Government Benefits Preservation Group and now leads its national Probate and Bankruptcy Coordination Groups, in addition to serving as the firm’s chief architect of benefit preservation strategies. He has extensive experience in complex planning issues, individual income tax matters and elder law issues, as they relate to settling claimants and other parties.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, CO, FL, GA, ME, MO, MT, TX*, VT, WA.
Upon request, also available in: CT*, ID, KY, LA*, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $127.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CO, CT, FL, GA, HI, ME, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: ID, KY, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $127.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $127.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $127.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $127.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
This seminar covered a lot of territory in a short period of time. It also assumed that the attendees had a significant level of experience coming into the program, which I did.
Louis C. Long
Pietragallo
The program had a lot to cover and the speakers did a superb job of moving through the difficult subject matter.
Charles E. Chapin
Boomer Law, PLLC
Very good breadth and depth of the subject matter - the speakers had a lot of experience and insight.
Ken J. Pedersen
Pedersen & Company, PLLC
I appreciated that there was a great deal of current case law on the subject and the speakers were concise and informative.
Thomas G. Mancuso
Haskell Slaughter
The CLE covered exactly what was advertised and it was geared to a person with my practice background and level of expertise.
Aliza Organick
Washburn University School of Law
Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
SNR Denton
Shareholder
Capes Sokol Goodman & Sarachan
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Director
Deloitte Financial Advisory Services
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.