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 Thursday, August 30, 2012
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 discuss recent legal developments and proposed reform measures, and provide best practices for minimizing risks and legal compliance for settlements.
Description
Personal injury settlements require satisfaction of Medicare's lien interest if Medicare made conditional payments for an injured plaintiff. Counsel for both the 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.
Courts continue to rule on the requirements, and a reform response is underway in Congress and by the administration. Counsel should be aware of the many 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, outlines the settlement reporting requirements under Section 111, and reviews the recent reform efforts. 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
- Recent reform measures
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 reporting requirements of Section 111—and who is responsible for compliance?
- How have recent cases expanded the potential liability to Medicare?
- What are the reform efforts that are pending in this area?
Faculty
Jeremy T. Burton, Partner
Lipe Lyons Murphy Nahrstadt & Pontikis, Chicago
He focuses on defending product liability, premises liability, insurance and commercial matters in state and federal courts. He represents settling plaintiffs and defendants with respect to the Medicare, Medicaid and SCHIP Extension Act of 2007. He has shepherded parties through disputes with the Centers for Medicare and Medicaid Services and has drafted settlement documents to reflect the new Medicare laws.
Mark Popolizio, Section 111 Senior Legal Counsel
Crowe Paradis Services, Miami
He is an authority in Medicare Secondary Payer compliance. He practiced insurance defense litigation for ten years in the areas of workers' compensation and general liability. He now dedicates his practice exclusively to MSP compliance working with carriers, self-insureds, TPAs and other claims professionals in addressing MSP compliance issues.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
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, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, 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 $147.00
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, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, 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) $147.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $147.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $147.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $147.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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CLE Credit
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Customer Reviews
I liked the practical and specific tips.
Natalie Lyons
The Cannon Law Firm
The relevance of the material and impact on the PI practice area was greatly appreciated.
Derek M. Baroumes
Baroumes & Bruen
The webinar was well-presented, interesting and informative.
Randi Saul-Olson
McKinney, Wainwright & Saul-Olson
Overall, a very good presentation. For my practice, the presentation was relevant and highly informative.
David Lawrenz
Hinkle, Hensley, Shanor & Martin
Great content, including everyday examples, provided by each speaker.
Tim Reed
Duncan Firm
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