Personal Injury Claims and the Medicare Secondary Payer Act

Strategies for Claims Settlement to Mitigate MSP and Section 111 Liability Risks

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


Conducted on Thursday, August 30, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide personal injury counsel with a review of liability risks under the Medicare as Secondary Payer Act and Section 111. The panel will discuss recent legal developments and proposed reform measures, and provide best practices for minimizing risks and legal compliance for settlements.

Description

Personal injury settlements require satisfaction of Medicare's lien interest if Medicare made conditional payments for an injured plaintiff. Counsel for both the plaintiff and defendant may be held liable to satisfy the Medicare lien if Medicare's interest is not properly protected in the settlement.

The MMSEA Section 111 mandates proper reporting of personal injury settlements made after Oct. 1, 2011, to the government. Failing to timely report the settlement of a personal injury claim can result in a fine of up to $1,000 per day.

Courts continue to rule on the requirements, and a reform response is underway in Congress and by the administration. Counsel should be aware of the many steps all parties can take during settlement to minimize the risks of Medicare Secondary Payer Act liability and to comply with Section 111 of MMSEA.

Listen as our authoritative panel of personal injury attorneys discusses the recent statutory and case developments regarding Medicare liens, reviews the statutory requirements for Medicare lien satisfaction under the MSP, outlines the settlement reporting requirements under Section 111, and reviews the recent reform efforts. The panel will also discuss strategies for crafting effective personal injury settlements to minimize personal liability for Medicare liens.

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Outline

  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 MSP liability in settlements
  2. Section 111
    1. Reporting overview
    2. Medicare queries
    3. Settlement agreements and releases
  3. Recent legal developments
    1. Case law
    2. Legislative
  4. Recent reform measures

Benefits

The panel will review these and other key questions:

  • What are the personal injury counsel's responsibilities regarding Medicare’s interests when settling a case?
  • How does the MMSEA affect personal injury settlements?
  • What is the potential liability to the government for the attorneys involved in personal injury suits?
  • What are the reporting requirements of Section 111—and who is responsible for compliance?
  • How have recent cases expanded the potential liability to Medicare?
  • What are the reform efforts that are pending in this area?

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

Faculty

Jeremy T. Burton
Jeremy T. Burton

Partner
Lipe Lyons Murphy Nahrstadt & Pontikis

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

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

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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:

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