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Proactively Address Medicare Liens to Prevent Expensive Mistakes

With CMS getting more aggressive with enforcement of the MSP statute in liability and no fault cases, it's more important than ever to know exactly how and when you must take Medicare's interests into account. This program will walk you through the Medicare A/B conditional payment process, Medicare Part C and Part D plan conditional payment process and Medicare Set-Aside requirements so you can ensure full compliance. Catch up with the latest changes and gain practical guidance on dealing with Medicare liens - register today!

  • Explore the practical implications of recent case law.
  • Understand the in's and out's of MMSEA Section 111 reporting requirements.
  • Navigate the Conditional Payment resolution process.
  • Get tips for working with Medicare's various agents.
  • Delve into the latest requirements regarding Medicare Set-Asides.
  • Find out what type of future medical care must be accounted for when determining an MSA allocation amount.

All times are shown in Eastern time
Presented by Kelsey Barnes and Christine Hummel

  1. Brief Introduction to the Medicare Secondary Payer Act (MSP)
    10:00 - 11:15
    1. What Are the Basic Requirements of the MSP?
    2. When Does the MSP Apply to my Settlement?
    3. Quick Overview of How Persons Become Eligible for Medicare; Including the Ability of Minor Children to Receive Medicare Benefits
  2. The Section 111 Reporting Requirement
    11:30 - 12:45
    1. Who Must File a Section 111 Report
    2. When is the Report Filed (ORM Files vs. Non-ORM Files)?
    3. Why Should Plaintiff's Attorneys be Concerned About the Data Reported under Section 111?
  3. Reimbursement of the Conditional Payment Amount
    1:15 - 2:30
    1. What is a Conditional Payment?
    2. What is the Difference Between Medicare Part A, Part B, Part C and Part D?
    3. Working with the CRC vs. the BCRC
    4. Do Medicare Part C and Part D Plans Have a Right of Recovery Against the Settlement Proceeds?
    5. What is the Final CP Demand Process?
    6. Compromise Requests vs. Waiver Requests
    7. Case Law Update: CIGA Case and the 2016 Humana Case
  4. Obligation to Maintain Medicare as a Secondary Payer Post-Settlement
    2:30 - 3:45
    1. When is a Settlement Payment a "Primary Payment"?
    2. What is a Medicare Set Aside (MSA)?
    3. How Does an MSA Assist in Compliance with the MSP Program?
    4. What Type of Future Medical Care Must be Accounted for When Determining an MSA Allocation Amount or Other Future Medical Allocation?
    5. What to do if the Settlement Funds Are Not Sufficient to Cover All Anticipated Future Medical Expenses
    6. Likely Expansion of the MSA Review Process to Include Liability and No Fault Settlements
    7. Case Law Update: Aranki Case
  5. Ethics Update
    4:00 - 5:00
    1. Attorneys' Fees
    2. Ethical Considerations in Lien Resolution
    3. Conflicts of Interest
    4. Preserving Confidentiality
    5. Lawyer Advertising and Marketing Ethics

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