Training Course Syllabus:

Proactively Address Medicare Liens to Prevent Follow-up Litigation

Medicare has redoubled the enforcement of its right of lien recovery under the Medicare Secondary Payer Act in injury claims and settlements. Do you know exactly when and how litigants must take Medicare's interests into account to ensure compliance and minimize its impact on settlement? This engaging legal course includes in-depth discussions on mandatory insurer reporting, Medicare conditional payments, and Medicare Set-Asides. Get practical guidance in resolution of Medicaid liens and the creation and administration of special needs trusts. Don't let the MMSEA derail your injury settlements - register today!

• Explore the latest mandatory reporting requirements and lien resolution tactics under the MMSEA.
• Learn how to effectively communicate with the Centers for Medicare and Medicaid Services.
• Understand how settlement award monies can jeopardize the plaintiff's SSI and Medicaid eligibility and how to address it in settlement negotiations.
• Find new ways of encouraging plaintiff/defense cooperation in ensuring lien compliance.
• Get seasoned attorneys' guidance on effective introduction of liens at trial.
• Make the best use of supplemental needs trusts to structure settlements and preserve your clients' government benefits eligibility.

1. An Overview of the Medicare Secondary Payer System
   9:00 - 11:00, J. Bryan Moseley
   The history and background of the Medicare Secondary Payer Act
1. What is Medicare?
2. What is MSP?
3. Medicare's Private Right of Action
4. Basic Concepts You Need to Know and How the MSP Process Works
   1. Statutes and Regulations Governing MSP
   2. Responsibilities of Attorney and Client
   3. General MSP Process
   4. Getting Medical Providers to Submit Claims to Medicare
5. Common Issues When Dealing with the MSPRC
6. Finalizing Medicare Liens and Obtaining Waivers or Reductions
7. Recent Changes to the MSPRC Process
2. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
   11:15 - 12:00, J. Bryan Moseley
   Overview of the current and projected mandatory insurer reporting landscape as set out by Section 111 of the Medicare/Medicaid, SCHIP Extension Act of 2007
   1. The Contextual Background of the Act
   2. Which Entities are Required to Report to the Government
   3. What Information is Necessary for Reporting
   4. The Penalties for Incomplete Submissions or Non-Compliance
   5. The Effects of Reporting on the Litigants and Their Case
3. Medicare Set-Aside Allocations, Approvals, and Administration
   1:00 - 1:45, J. Bryan Moseley
1. Medicare Set Aside (MSA) Allocations
2. MSA Approval Process
3. MSA Administration
4. Medicare Secondary Payer Act and CMS Memorandums
4. Maintaining an Ethical Practice
   1:45 - 2:45, J. Bryan Moseley
   1. Attorney's Duty of Competence, Diligence and Communication
   2. Identifying and Preventing Conflicts of Interest
   3. Protecting Client's Personal Information and Medical Records Treatment under HIPAA
   4. New Rule Related to Attorney Signing onto Settlement Release
   5. Resolving Disputes over Client's Settlement Funds
5. Protecting Supplemental Security Income and Medicaid Eligibility: Special Needs Trusts
   3:00 - 4:30, Henry D. Fincher
   1. Supplemental Security Income (SSI) Program Overview
   2. Medicaid Program in a Nutshell
   3. Resolving Claims in Which SSI and/or Medicaid Benefits are at Stake to Maintain Eligibility

Seminar Summary:

This engaging legal course includes in-depth discussions on mandatory insurer reporting, Medicare conditional payments, and Medicare Set-Asides. Get practical guidance in resolution of Medicaid liens and the creation and administration of special needs trusts. (see full course description)

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