• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Personal Injury and Med Mal
  • schedule 90 minutes

Medicare in Personal Injury Claim Settlements: Complying With Reporting Requirements and Satisfying Liens

About the Course

Introduction

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).

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.

Presented By

John V. Cattie Jr.
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.

Zachary D. De Leon
Owner, Principal Attorney
De Leon Law, P.L.L.C.

Mr. De Leon is the owner and principal attorney of De Leon Law, P.L.L.C., a boutique practice concentrated on complex subrogation and reimbursement claims being asserted against injury-victims and their tort and/or workers' compensation actions. He has handled and resolved various sophisticated and high-stake subrogation claims being asserted by insurance entities, disability plans, and self-funded health plans against their insured participants and/or beneficiaries. Mr. De Leon has had the opportunity to author various written pieces, as well as conduct speaking engagements for civil litigation counsel around the nation regarding the sophisticated nuances involved in properly analyzing, attacking, and ultimately resolving reimbursement claims being asserted under federal schemes such as the Employee Retirement Income Security Act of 1974 (ERISA), the Federal Employees Health Benefits Act of 1959 (FEHBA), and other pertinent state and local laws which may affect an injury-victim's net settlement. He has reviewed thousands of case files with varying and distinct fact patterns, providing counsel and insight to his attorney-clients on how to best handle the above obligations, while zealously advocating for such clients when he finds himself in an adversarial matter.

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


  • Live Online


    On Demand

Date + Time

  • event

    Monday, October 30, 2023

  • schedule

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

  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

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?