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 effectively trying and settling your cases. 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.

1. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
   9:00 - 9:45, Michael R. Merlino II and Mark Popolizio
   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. When Does Reporting Start?
      1. Workers' Compensation
      2. Liability
   4. The Penalties for Incomplete Submissions or Non-Compliance
   5. The Effects of Reporting on the Litigants and Their Case
      1. Plaintiffs
      2. Defendants
2. Medicare Conditional Payment Subrogation Rights
   10:00 - 11:45, Michael R. Merlino II and Mark Popolizio
   The governing articles of the Medicare Secondary Payer Act
   1. Payment History of the Act
   2. Entities Involved in the Process
      1. Centers for Medicare and Medicaid Services (CMS)
      2. Coordination of Benefits Contractor (COBC)
      3. Medicare Secondary Payer Recovery Contractor (MSPRC)
   3. Who is Responsible for Reimbursing Medicare?
   4. What is the Process?
   5. Recent Case law and Statute of Limitations
      1. Plaintiff
      2. Defense
3. Medicare Set-Aside Allocations, Approvals, and Administration
   12:45 - 2:00, Michael R. Merlino II and Mark Popolizio
   1. History of Medicare Set-Asides
      1. Medicare Secondary Payer Act
      2. Regulations
      3. Policy
   2. The Inner Working of the MSA Approval Process (How it Really Works, or Doesn't Work)
   3. Horror Stories of the MSA Approval Process
   4. Practical Implication for Workers' Compensation
      1. Plaintiff
      2. Defense
   5. MSA's and Liability Cases
4. Maintaining an Ethical Practice
   2:15 - 3:15, Gary Hill
   1. Attorney's Duty of Competence, Diligence and Communication
   2. Identifying and Preventing Conflicts of Interest
   3. Maintaining Client Confidentiality
   4. Medical Records Treatment Under HIPAA
   5. Rules for Handling Clients' Settlement Funds in the Event of a Dispute
5. Trial and Settlement Considerations
   3:15 - 4:30, Michael Rosetti
   1. Getting Your Cases Settled
      1. Plaintiff
      2. Defense
   2. Settlement Language
   3. Trial Issues (Including Special Jury Verdict Forms)

Seminar Summary:

This engaging legal course includes in-depth discussions on mandatory insurer reporting, Medicare conditional payments, and Medicare Set-Asides. (see full course description)

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