Medicare in Personal Injury Claim Settlements: Complying With Reporting Requirements and Satisfying Liens

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

Conducted on Thursday, March 24, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to counsel for settling personal injury claims while complying with CMS reporting requirements and satisfying Medicare liens for conditional payments.


Personal injury counsel must consider Medicare and Medicaid requirements when settling claims. The key concerns involve Medicare Secondary Payer (MSP) rights and the Medicare, Medicaid and SCHIP Extension Act (MMSEA).

The requirements for structuring and reporting settlements are complex and confusing, and the need to understand the requirements and avoid errors or omissions in executing settlements is great. Penalties for noncompliance are steep and can reach up to $1,000 a day.

Understanding the MSP and MMSEA requirements and taking steps during settlement to ensure compliance is essential to minimize the risk of liability.

Listen as an attorney experienced in both litigation and Medicare matters explains the obligations of MSP and MMSEA for counsel negotiating personal injury settlements and provides effective strategies for dealing with Medicare in these cases.



  1. Medicare as Secondary Payer Act liability
    1. Liability issues for plaintiff’s counsel
    2. Liability issues for defendant’s counsel
    3. Measures to minimize liability in settlements
  2. Reporting requirements of Section 111 of the MMSEA
    1. Reporting overview
    2. Medicare queries
    3. Settlement agreements and releases


The panelist will review these and other key issues:

  • When should Medicare set-asides be used?
  • What are the reporting requirements of Section 111 of the MMSEA?
  • What are best practices to ensure compliance when drafting a settlement?


Jeremy T. Burton
Jeremy T. Burton

Lipe Lyons Murphy Nahrstadt & Pontikis

Mr. Burton focuses on defending product liability, premises liability, insurance and commercial matters in state...  |  Read More

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