Personal Injury and the Medicare Secondary Payor Act: Impact of SMART Act and Proposed CMS Regulations

Navigating the Effects of the Changing Medicare Landscape on Claims Settlement

Please note that the time for this program is an hour earlier than our usual webinar start time

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

Conducted on Thursday, June 20, 2013

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare personal injury counsel on how the Strengthening Medicare and Repaying Taxpayers Act of 2013 (SMART Act) and CMS proposed regulations will, or can, impact personal injury claims and obligations under the Medicare Secondary Payer Act (MSA) and MMSEA.


Over the past year, there have been major developments in MSP compliance. Leading the way is the SMART Act, which makes significant changes to Section 111 reporting, conditional payments, and other MSP matters.

On top of that, CMS’ advance notice of proposed rulemaking (ANPRM) proposals aim to establish formal regulations regarding “future medicals,” including liability MSAs.

Personal injury counsel must understand and prepare clients for the SMART Act's full roll out and how the CMS ANPRM will impact personal injury settlements.

Listen as our authoritative panel of attorneys discusses how the SMART Act changes MSP Act obligations and Section 111 reporting as well as the potential impact of CMS’ ANPRM proposals which aim to establish formal regulations regarding “future medicals,” including liability MSAs.



  1. General Introduction
    1. Setting the stage
    2. Focus of today’s presentation
      1. SMART Act
      2. ANPRM
      3. Impact, issues and considerations
  2. SMART Act
    1. Background
    2. Road to enactment into law
    3. How SMART Act amends MSP statute
      1. Section 111
      2. Conditional payments
      3. Statute of limitations
    4. Current status
      1. Regulation phase
      2. Expected timetables
      3. Watch list items
    5. Practical impact on everyday claims
  3. ANPRM
    1. Objective, purpose and significance
    2. CMS’ proposals
      1. General rule
      2. Excluded settlements—proposed criteria
      3. Specific proposals to protect Medicare’s “future interests”
    3. Issues and considerations
    4. Current status
    5. Practical considerations


The panel will review these and other key questions:

  • How will the SMART Act change everyday claims and settlement practices, and what does that mean to me?
  • What are the outstanding items that need to be addressed regarding the SMART Act’s full implementation, and what are the issues surrounding these matters?
  • How could CMS’ ANPRM proposals affect personal injury settlements and what are the current issues and debates regarding these proposals?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Mark Popolizio
Mark Popolizio

Section 111 Senior Legal Counsel
ISO Crowe Paradis

He is an authority in Medicare Secondary Payer compliance. He practiced insurance defense litigation for ten years in...  |  Read More

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

Access Anytime, Anywhere

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

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Audio