- videocam Live Webinar with Live Q&A
- calendar_month November 4, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Personal Injury and Med Mal
- schedule 90 minutes
Medicare in Personal Injury Claim Settlements: Complying With CMS Reporting Obligations and Satisfying Liens
Medicare Secondary Payer Act and MMSEA Section 111 Reporting Requirements
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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
Mr. Basista focuses his practice on addressing Medicare Secondary Payer issues that arise in the resolution of workers’ compensation, general liability, and FELA claims. He is retained as National Medicare Counsel and Advisory Medicare Counsel to a number of insurance carriers, third-party administrators, self-insured entities, and trade organizations. Mr. Basista is also retained nationwide as a Medicare Set-Aside provider and Section 111 Medicare Mandatory Insurer Reporting agent. He is a frequent lecturer on the topic of Medicare compliance to insurance carriers, self-insured businesses, law firms, and professional organizations.
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.
Ms. Goldhaber defends claims related to product liability, exposure to toxic substances and transportation-related injuries. She handles matters directly in Illinois and Michigan and manages multi-state litigation as national coordinating and trial counsel. Ms. Goldhaber counsels clients in Medicare Secondary Payer (MSP) issues, particularly as the issues arise throughout discovery and in resolution.
Mr. Shaw is a plaintiff’s personal injury attorney practicing throughout Washington State, with a litigation practice spanning both federal and state courts. He also practices in the Medicare Secondary Payer compliance space, advising attorneys on their clients’ obligations to Medicare after settlement.
Mr. Shaw is a member of the Medicare Secondary Payer Network and co-chairs the litigation committee on its board of governors. He is a fellow of the Certified Medicare Secondary Payer Professional (CMSP) program and serves as an instructor to those seeking the credential. Steve worked on Medicare Secondary Payer issues with the American Association for Justice as a member of its board of governors and is the editor of the Washington State Association for Justice’s Subrogation Deskbook. He frequently presents on MSP issues for state trial lawyer associations and other organizations and writes regularly about Medicare in liability cases.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, November 4, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Medicare Secondary Payer (MSP) liability
A. Liability issues for plaintiff's counsel
B. Liability issues for defendant's counsel
C. Measures to corral the risk of noncompliance
II. MMSEA Section 111 Reporting Process and Risk Overview
A. Reporting overview
B. Medicare queries
C. Settlement agreements and releases
D. 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?
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