Description
Personal injury counsel must consider Medicare and Medicaid requirements when settling claims. The primary concerns involve Medicare Secondary Payer (MSP) rights and the Medicare, Medicaid and SCHIP Extension Act (MMSEA). While counsel for both sides must be wary of these obligations, plaintiffs’ counsel face the added obligation to ensure that their clients’ future healthcare benefits will be preserved through the settlement.
These obligations are complex and constantly changing. Learning how to spot these obligations and how to take steps during settlement to ensure compliance is essential to minimize the risk of liability and preserving the claimant’s future healthcare benefits in Medicare/Medicaid.
Listen as our panel experienced in both litigation and Medicare/Medicaid matters explains these obligations for counsel negotiating personal injury settlements and provides practical strategies for dealing with Medicare/Medicaid in these cases.
Presented By
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.
Mr. Friedman is a leader in the New Jersey elder law and special needs bar, and has been practicing elder law, developmental disabilities, Medicaid, Medicare, special needs, wills, trusts, estates, tax, and real estate law for over thirty years.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, December 5, 2018
- schedule
1:00 PM E.T.
- Introduction
- Medicaid obligations
- Satisfying Medicaid liens
- Medicaid reporting obligations?
- Preserving Medicaid eligibility post-settlement
- Medicare Obligations
- Reporting requirements under Section 111
- Resolving Conditional Payments for past medicals
- Addressing Medicare Set-Aside (MSA) concerns for future medicals
- Introducing Predictive Settlement Strategies
- Allocations “On the Merits”
- Use of Single Arbitrator Solution
The panel will review these and other noteworthy issues:
- Are the requirements for Medicaid the same as they are for Medicare?
- When does an MSA need to be considered?
- How a predictive settlement strategy can minimize your reimbursement footprint.
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