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
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.
- Setting the stage
Focus of today’s presentation
- SMART Act
- Impact, issues and considerations
- Road to enactment into law
How SMART Act amends MSP statute
- Section 111
- Conditional payments
- Statute of limitations
- Regulation phase
- Expected timetables
- Watch list items
- Practical impact on everyday claims
- Objective, purpose and significance
- General rule
- Excluded settlements—proposed criteria
- Specific proposals to protect Medicare’s “future interests”
- Issues and considerations
- Current status
- 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.
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
He is an authority in Medicare Secondary Payer compliance. He practiced insurance defense litigation for ten years in the areas of workers' compensation and general liability. He now dedicates his practice exclusively to MSP compliance working with carriers, self-insureds, TPAs and other claims professionals in addressing MSP compliance issues.Close
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
Mr. Burton focuses on defending product liability, premises liability, insurance and commercial matters in state and federal courts. He represents settling plaintiffs and defendants with respect to the Medicare, Medicaid and SCHIP Extension Act of 2007. He has shepherded parties through disputes with the Centers for Medicare and Medicaid Services and has drafted settlement documents to reflect the new Medicare laws.Close