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
- Medicare Set-Asides
- Overview of Medicare set-asides
- Requirements of the CMS guidance
- Addressing LMSAs in a settlement
- Qualified Settlement Funds
- Overview of QSF payments
- Clarification of reporting requirements
- Exposure, ingestion and implantation Claims
- History of conditional payments for these claims
- Updated guidance for compliance with MSP
- Section 111 Reporting
- Overview of reporting requirement
- Revised timeline for reporting compliance
- 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:
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(*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, 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.)
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plus $9.45 S&H
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Available 24 hours after the live event
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Available ten business days after the live event
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Customer Reviews
I appreciated the personal-level insights of the speakers.
Kendall Carter
King & Spalding, LLP
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Ringer Law Office
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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
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
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