Workers' Compensation Claims and the Medicare Secondary Payer Act

Meeting Reporting Requirements, Satisfying Liens, and Structuring Set-Asides in Settlements

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

Conducted on Thursday, January 19, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide workers’ compensation counsel with a review of the MSP Act, Section 111, and Medicare Set-Aside Agreements. The panel will discuss the differences between workers’ comp and other personal injury claims—and how to protect the client’s and Medicare’s interests during settlement.

Description

Workers’ compensation settlements require satisfaction of Medicare’s lien interests if Medicare made conditional payments for an injured plaintiff. Counsel for both parties may be held liable to satisfy the lien if Medicare's interest is not properly protected in the settlement.

The MMSEA Section 111 mandates proper reporting of workers’ comp settlements to the government, and certain settlements must be reported by Jan. 1, 2012. Failing to timely report a settlement of a worker’s comp claim can result in fines of up to $1,000 per day.

Unlike other personal injury claims, certain workers’ comp claim settlements are required to contemplate Medicare Set-Aside Agreements to ensure protection of Medicare’s interests. Counsel must know how to properly structure these agreements.

Listen as our authoritative panel of workers’ compensation attorneys reviews the requirements for lien satisfaction, reporting of settlements, and use of Medicare Set-Asides. The panel will also discuss special considerations counsel must take when settling workers’ compensation claims.

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Outline

  1. Medicare as Secondary Payer Act
    1. Liability issues for plaintiff
    2. Liability issues for defendant
    3. Measures to minimize MSP liability in settlements
  2. Section 111
    1. Reporting overview
    2. Medicare queries
    3. Settlement agreements and releases
  3. Medicare Set-Asides
    1. CMS requirements for use
    2. Structuring a Set-Aside

Benefits

The panel will review these and other key questions:

  • What are the responsibilities for counsel regarding Medicare’s interests when settling a workers' comp case?
  • What are the new reporting requirements of Section 111 — and who is responsible for compliance?
  • When is a Medicare Set-Aside Agreement required. How should it be structured?

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

Faculty

John Cattie
John Cattie
Head, Future Cost of Care Practice
Garretson Group

He heads the Future Cost of Care Practice. In this role, he counsels attorneys nationwide with respect to Medicare...  |  Read More

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