Workers' Compensation Claims and the Medicare Secondary Payer Act

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

A live 90-minute CLE webinar with interactive Q&A


Wednesday, February 1, 2017 (in 13 days)
1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 20, 2017


This CLE webinar will provide workers’ compensation counsel with a review of the MSP Act, Section 111, and Medicare set-aside arrangements. 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. The panel will also cover recent developments, including CMS’ Workers’ Compensation Medicare Set-Aside Arrangement Reference guide, issued in April 2016, so attendees will receive the most up-to-date information to address these compliance issues at the lowest cost to the client.

Description

Workers’ compensation settlements require satisfaction of Medicare’s lien interests if Medicare made conditional payments for an injured plaintiff. Both parties’ counsel 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. Failing to timely report a settlement of a workers’ comp claim can result in steep, daily fines.

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 determine if a Medicare set-aside is needed, how to determine the proper amount, and then how to properly establish these arrangements.

Listen as our panel of authoritative workers’ compensation counsel reviews the requirements for lien satisfaction, reporting of settlements, and use of Medicare set-asides. You will learn how recent administrative guidance changes the way you think about Medicare set-asides. The program will also discuss special considerations when settling workers’ compensation claims.

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. Detailed review of 2016 updated CMS WCMSA Reference Guide
    2. If needed, how to establish a set-aside
  4. Liability Medicare set-asides
    1. What’s on the horizon: Medicare’s Proposed General Rule
    2. Comparing and contrasting workers’ compensation and proposed liability Medicare set-asides

Benefits

The panel will review these and other key issues:

  • 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 needed? How should it be established?

Faculty

John V. Cattie, Jr., Founding Member
Cattie, Charlotte, N.C.

Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and repayment obligations as well as assessing a client’s future medical exposure under the MSP Act. In the MSA area, he has personally reviewed or overseen the review of over 10,000 distinct fact patterns. Federal and state court opinions such as Smith v. Marine Terminals of Arkansas, Tye v. Upper Valley Medical Center, and Doe v. Company X cite his analysis favorably.


Live Webinar

Live Webinar $147.00

Includes Early Discount Savings of $50.00 (through 01/20/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $147.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 01/20/17)

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $147.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 01/20/17)

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Recorded Audio Download (MP3) $147.00
Available 24 hours after the live event

Includes Early Discount Savings of $50.00 (through 01/20/17)

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DVD (Slide Presentation with Audio) $147.00 plus $9.45 S&H
Available ten business days after the live event

Includes Early Discount Savings of $50.00 (through 01/20/17)

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Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $224.00

Includes Special Savings of $170.00 (through 01/20/17)

Live Webinar & Audio Download $224.00

Includes Special Savings of $170.00 (through 01/20/17)

Live Webinar & DVD $224.00 plus $9.45 S&H

Includes Special Savings of $170.00 (through 01/20/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
January 20, 2017
(1 day)

or call 1-800-926-7926

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Partner

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Counsel

O’Melveny & Myers

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Capes Sokol Goodman & Sarachan

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