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Medicare/Medicaid Challenges in Personal Injury Claim Settlements

Complying With Reporting Requirements and Satisfying Liens

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, December 5, 2018

Recorded event now available

or call 1-800-926-7926

This CLE course will guide counsel for settling personal injury claims while complying with Medicare/Medicaid reporting requirements and satisfying Medicare/Medicaid reimbursement obligations for conditional payments and future medicals.

Description

Personal injury counsel must consider Medicare and Medicaid requirements when settling claims. The primary concerns involve Medicare Secondary Payer (MSP) rights and the Medicare, Medicaid and SCHIP Extension Act (MMSEA). While counsel for both sides must be wary of these obligations, plaintiffs’ counsel face the added obligation to ensure that their clients’ future healthcare benefits will be preserved through the settlement.

These obligations are complex and constantly changing. Learning how to spot these obligations and how to take steps during settlement to ensure compliance is essential to minimize the risk of liability and preserving the claimant’s future healthcare benefits in Medicare/Medicaid.

Listen as our panel experienced in both litigation and Medicare/Medicaid matters explains these obligations for counsel negotiating personal injury settlements and provides practical strategies for dealing with Medicare/Medicaid in these cases.

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Outline

  1. Introduction
  2. Medicaid obligations
    1. Satisfying Medicaid liens
    2. Medicaid reporting obligations?
    3. Preserving Medicaid eligibility post-settlement
  3. Medicare Obligations
    1. Reporting requirements under Section 111
    2. Resolving Conditional Payments for past medicals
    3. Addressing Medicare Set-Aside (MSA) concerns for future medicals
  4. Introducing Predictive Settlement Strategies
    1. Allocations “On the Merits”
    2. Use of Single Arbitrator Solution

Benefits

The panel will review these and other noteworthy issues:

  • Are the requirements for Medicaid the same as they are for Medicare?
  • When does an MSA need to be considered?
  • How a predictive settlement strategy can minimize your reimbursement footprint.

Faculty

Cattie, John
John V. Cattie, Jr.
Managing Partner
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

Friedman, Lawrence
Lawrence A. Friedman
Atty
Friedman Law

Mr. Friedman is a leader in the New Jersey elder law and special needs bar, and has been practicing elder law,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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