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

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).

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.