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

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 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.

Ms. Goldhaber brings more than two decades of experience representing clients in high-stakes civil litigation involving toxic torts, product liability and personal injury defense. She serves as national and regional trial counsel, managing multistate dockets and coordinating legal strategy in cases involving asbestos exposure, occupational illness and chemical liability. Ms. Goldhaber regularly appears in state and federal courts across Illinois, Michigan and Missouri. She represents both international Fortune 500 companies and family-owned businesses, with a significant focus on clients in the manufacturing sector.

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.