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

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

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, December 1, 2021

Recorded event now available

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Course Materials

This CLE webinar will guide to counsel settling personal injury claims while complying with the Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 reporting requirements and satisfying Medicare Parts A and B liens with the Centers for Medicare and Medicaid Services (CMS).

Description

Personal injury counsel--for both defense and plaintiff--must consider Medicare obligations when settling claims. The principal concerns involve the Medicare Secondary Payer (MSP) Act and the MMSEA Section 111 reporting requirements.

The regulatory requirements and practical processes for reporting settlements are complex and confusing, and counsel must understand the requirements to avoid errors or omissions in executing settlements. Penalties for noncompliance are steep and can result in civil monetary penalties of up to $1,000 per day. CMS recently updated reporting regulations in several respects, and the Department of Justice has stepped up MSP enforcement actions against law firms and other parties.

Understanding the MSP Act and MMSEA Section 111 requirements and taking steps during settlement to ensure compliance are essential to minimize liability risk.

Listen as our panel experienced in litigation and Medicare matters explains the obligations of MSP and MMSEA Section 111 reporting for counsel negotiating personal injury settlements and offers strategies for dealing with Medicare when settling personal injury claims.

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Outline

  1. Medicare Secondary Payer (MSP) liability
    1. Liability issues for plaintiff's counsel
    2. Liability issues for defendant's counsel
    3. Measures to corral the risk of noncompliance
  2. MMSEA Section 111 Reporting Process and Risk Overview
    1. Reporting overview
    2. Medicare queries
    3. Settlement agreements and releases
    4. Recent updates

Benefits

The panel will review these and other key issues:

  • When should Medicare set-asides and future medical obligations be considered?
  • What are best practices to ensure compliance when drafting a settlement?

Faculty

Cattie, John
John V. Cattie, Jr.
Founding Member
Cattie & Gonzalez

Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and...  |  Read More

Cranner, Bruce
Bruce A. Cranner
Partner
Talley Anthony Hughes & Knight

Mr. Cranner is best known for his work in complex and complicated healthcare cases and professional liability cases,...  |  Read More

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