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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Monday, October 30, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE webinar will guide counsel in settling personal injury claims while complying with the Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 reporting requirements and satisfying Medicare Parts A and B liens with the Centers for Medicare and Medicaid Services (CMS).

Faculty

John V. Cattie
Managing Partner
Cattie & Gonzalez, PLLC

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.

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Zachary D. De Leon
Associate Attorney
Cattie & Gonzalez, PLLC

Mr. De Leon is currently an Associate Attorney at the law firm of Cattie & Gonzalez, PLLC, where he concentrates his practice on providing advice and guidance in the area of Medicare Secondary Payer compliance, more specifically in the area of Liability Medicare Set-Asides. He has reviewed a multitude of cases with varying and distinct fact patterns, providing counsel and insight to his attorney-clients on how to handle Liability Medicare Set-Aside issues within the context of the Medicare Secondary Payer Act. Mr. De Leon is a member of the American Bar Association, North Carolina Bar Association, Mecklenburg County Bar Association, North Carolina Advocates for Justice, Defense Research Institute Organization, and is licensed to practice law in the State of North Carolina.

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Description

Personal injury counsel--for both defense and plaintiff--must consider Medicare obligations when settling claims. The principal concerns involve the Medicare Secondary Payer (MSP) Act and the MMSEA Section 111 reporting requirements.

The regulatory requirements and practical processes for reporting settlements are complex and confusing, and counsel must understand the requirements to avoid errors or omissions in executing settlements. Penalties for noncompliance are steep and can result in civil monetary penalties on a per diem basis. CMS recently updated reporting regulations in several respects, and the Department of Justice has stepped up MSP enforcement actions against law firms and other parties.

Understanding the MSP Act and MMSEA Section 111 requirements and taking steps during settlement to ensure compliance are essential to minimize liability risk.

Listen as our panel experienced in litigation and Medicare matters explains the obligations of MSP and MMSEA Section 111 reporting for counsel negotiating personal injury settlements and offers strategies for dealing with Medicare when settling personal injury claims.

Outline

  1. Medicare Secondary Payer (MSP) liability
    1. Liability issues for plaintiff's counsel
    2. Liability issues for defendant's counsel
    3. Measures to corral the risk of noncompliance
  2. MMSEA Section 111 Reporting Process and Risk Overview
    1. Reporting overview
    2. Medicare queries
    3. Settlement agreements and releases
    4. Recent updates

Benefits

The panel will review these and other key issues:

  • When should Medicare set-asides and future medical obligations be considered?
  • What are best practices to ensure compliance when drafting a settlement?