ObamaCare is one of the most noteworthy regulatory overhauls of the United States healthcare system in history. It's overflowing with mandates, requirements and changes that directly impact injured clients' settlements. In this unique and comprehensive legal program, seasoned attorneys will interpret the most critical provisions of the Patient Protection Affordable Care Act (PPACA), navigate you through the onerous maze of new requirements and boil down the major points that directly affect damages, negotiation strategies, evidence and e-discovery. Don't miss out on this one-of-a-kind ACA legal guide designed specifically for personal injury attorneys - register today!
- Find out how future medical costs and lost wages could be reduced under the ACA.
- Learn how the changes to SSDI, Medicare and Medicaid will affect injured elderly and disabled clients.
- Gain a thorough understanding of how the ACA and SMART Act will affect MSP compliance and MSAs.
- Discover how the ACA will impact liens and subrogation in personal injury settlements.
- Uncover how the new state health insurance exchanges will change the way you handle injury cases.
- Find out what the new HIPAA compliance requirements are for personal injury attorneys.
- Learn new evidence, expert witness and e-discovery litigation strategies under the ACA.
How Will the ACA Reduce Damage Awards?
9:00-10:00, Roy W. Breitenbach
- Lost Wages
- Future Medical Expenses
- Calculation of Life Care Plan Changes
- Loss of Consortium
- Pain and Suffering
- Collateral Source Compensation Changes
- Taxation Changes to Settlement Payments
How Will the ACA Affect Injured Elderly and Disabled Clients?
10:00-11:00, Roy W. Breitenbach
- New Medicaid Eligibility Requirements
- Changes to Medicare (Parts A, B, C and D)
- How Does the ACA Impact Special Needs Trusts?
- Addressing SSDI Changes
- New Nursing Home Compliance Requirements and Their Impact on Litigation
The ACA's Impact on Liens and Subrogation
11:15-12:15, Roy W. Breitenbach
- Medicaid Liens
- Medicare Set-Asides
- The ACA and SMART Act's Effect on MSP Compliance
- Hospital Liens
- Physician Liens
- Additional Lien Considerations
How Will the Changes to Insurance Impact Personal Injury Cases?
1:15-2:15, Frank L. Carrier
- The "Individual Mandate" Requirements and Exemptions
- The "Guaranteed Issue" Requirements
- How Will the New State Health Insurance Exchanges Impact Injury Settlements?
- Privately Insured: Coverage Changes and Their Impact on Settlements
- Pre-Existing Conditions Under the ACA
- New Catastrophic Health Care Plans
- Subsidizing Insurance Premiums
Negotiating/Litigating Personal Injury Settlements Under the ACA
2:15-3:15, Frank L. Carrier
- The New HIPAA Compliance Requirements Under the ACA
- HIPAA Section II Confidentiality Rules
- Patient Rights
- New Penalties
- How to Protect Confidentiality When Requesting, Receiving and Storing Records
- E-Discovery - New Procedures for Handling Medical Records and Private Information
- Use of Medical Experts Regarding Expenses Under the ACA
- Negotiating with Insurance Companies Under the ACA
- Authentication and Admissibility of Medical Records
- Motion in Limine and Medical Records
- Limitations on Use of HIPAA Protected Documents in Litigation
- Use of Medical Texts and Videotapes in Litigation
- What Happens to the Produced Medical Records After Litigation?
Ethical Considerations for Personal Injury Attorneys
3:30-4:30, Frank L. Carrier
- Conflicts of Interest
- Lawyer Liability
- Coverage Defeating Admissions
- Unethical Insurance Adjusters