Personal Injury Claims Settlement: New CMS Guidance

Navigating Clarifications to Medicare Set-Asides, QSFs and Section 111 Reporting Requirements

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Tuesday, December 6, 2011
Recorded event now available


This CLE webinar will prepare personal injury attorneys to handle legal challenges that new CMS guidance raises for Liability Medical Set-Aside Arrangements; meeting reporting requirements for settlements involving Qualified Set-Aside Funds and exposure claims; and complying with Section 111 reporting timelines.

Description

On Sept. 30, 2011, CMS issued several important alerts and memorandum impacting liability settlements involving Medicare beneficiaries. Counsel for both plaintiffs and defendants must comply with the new guidance to protect Medicare’s interest in personal injury settlements and avoid MSP liability.

For the first time, CMS addressed Liability Medical Set-Aside Arrangements (LMSAs). Counsel resolving claims for Medicare beneficiaries must now develop a formal process for reviewing LMSA issues in the settlement process. Many questions regarding LMSA review by CMS remain unanswered.

CMS also announced important new clarifications of reporting requirements. Counsel must meet the obligations to report Qualified Set-Aside Funds payments and payments made for exposure, ingestion and implantation claims. The Section 111 mandatory reporting obligation timeline was also significantly revised.

Listen as our authoritative panel of personal injury attorneys discusses best practices for crafting effective personal injury settlements to comply with the new guidance and explores ways to handle the issues left unresolved by the guidance.

Outline

  1. Medicare Set-Asides
    1. Overview of Medicare set-asides
    2. Requirements of the CMS guidance
    3. Addressing LMSAs in a settlement
  2. Qualified Settlement Funds
    1. Overview of QSF payments
    2. Clarification of reporting requirements
  3. Exposure, ingestion and implantation Claims
    1. History of conditional payments for these claims
    2. Updated guidance for compliance with MSP
  4. Section 111 Reporting
    1. Overview of reporting requirement
    2. Revised timeline for reporting compliance
  5. Additional CMS Announcements

Benefits

The panel will review these and other key questions:

  • When is an LMSA not required and what certification is needed to avoid one?
  • What are the reporting requirements for payments made pursuant to settlement of exposure, ingestion and implantation claims?
  • When is reporting required for payments made by a QSF to comply with the MSP?
  • What is the new timeline for electronic reporting requirements of Section 111?

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 Cattie, Head, Future Cost of Care Practice
Garretson Group, Charlotte, N.C.

He heads the Future Cost of Care Practice. In this role, he counsels attorneys nationwide with respect to Medicare compliance under the Medicare Secondary Payer Act. In particular, he advises attorneys on the applicability and use of Medicare Set-aside Arrangements (“MSAs”) as a part of workers’ compensation, liability and no-fault settlements.

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, FL, GA, MO, MT, TX*, UT, VT, WA.
Upon request, also available in: CO, CT*, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, 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

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, FL, GA, HI, MO, MT, NY, TX*, UT, VT, WA, WV. Upon request, self-study credit is also available in: CO, ID, KY, ME, ND, NE, NH, NM, NV, OR, 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

How does this work?

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

How does this work?

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.

Program Materials

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Program Materials

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Customer Reviews

I appreciated the personal-level insights of the speakers.

Kendall Carter

King & Spalding, LLP

The speakers prepared good outlines and followed them during their presentations.

John Wm Ringer

Ringer Law Office

The seminar was convenient and affordable.

Keita Middleton

The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.

Chris Kelly

Mayer Brown

The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.

Amy E. McShane

Phillips Lytle LLP

or call 1-800-926-7926

Litigation Advisory Board

David R. Cohen

Partner

K&L Gates

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

SNR Denton

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Marie A. Lona

Partner

Winston & Strawn

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

Robert B. (Barry) Wiggins

Director

Deloitte Financial Advisory Services

or call 1-800-926-7926

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