Proactively Address Medicaid in Personal Injury Settlements to Prevent Follow-up Litigation
Medicaid is increasing the enforcement of its right of recovery under the Medicaid Secondary Payer Act in injury claims and settlements. Do you know exactly when and how litigants must take Medicaid's interests into account to ensure compliance and minimize its impact on settlement? This engaging legal course includes an in-depth analysis of Medicaid's Rights of Recovery and what you need to do. Get practical guidance in resolution of Medicaid liens, with added instruction on Medicare and ERISA liens - register today!
- Explore the latest mandatory reporting requirements and lien resolution tactics.
- Learn how to effectively communicate with the Centers for Medicare and Medicaid Services.
- Understand how settlement award monies can jeopardize the plaintiff's Medicaid eligibility and how to address it in settlement negotiations.
- Find new ways of encouraging plaintiff/defense cooperation in ensuring compliance.
- Pick up tactics for negotiating/minimizing ERISA liens.
All times are shown in Eastern time
- Medicaid: Understanding Medicaid and Medicaid Secondary Payer
10:00 - 11:00, Aaron P. Frederickson
- Medicaid: Back to the Basics
- Medicaid Expansion
- Resolving Medicaid's Interests: Resolution Process and Procedures
- Arkansas Dept. of Health and Human Services v. Ahlborn and Wos v. E.M.A.
- Understanding New Provisions: Bipartisan Budget Act of 2013 and Section 1902(a)(25) of the Social Security Act
- The Brave New World of Medicaid Secondary Payer
11:15 - 12:15, Annie M. Davidson
- CMS-2390-F - Finalized Rules
- Aggressive Enforcement/Regulation in Third-Party Liability Situations
- Overview of Changes to Procedures
- Identifying Liable Third Parties as Primary Payers
- Handling Future Medicals/Alternatives for Handling Future Medicals
- Equitable Considerations
- Medicare Secondary Payer Act Compliance and Medicare Set-Asides
12:45 - 1:45, Annie M. Davidson and Aaron P. Frederickson
- Medicare Secondary Payer Provisions and Conditional Payments
- Update on MSP Compliance and Set-Asides
- Section 111 Reporting Update
- Overcoming Medicare Challenges at Settlement
- Plaintiff/Defense Negotiation Strategies: Satisfying Medicaid and Medicare's Interests
1:45 - 2:45, Annie M. Davidson, Aaron P. Frederickson and Brad Kolling
- Discussing Medicare and Medicaid Interests at the Time of Settlement
- Negotiating Lost Wages, Pain and Suffering
- Thinking of the Lien as a Contract
- Dealing with Settlement Delays
- Protecting Medicaid's and Medicare's Future Interest
- ERISA Liens Beyond the Basics: Negotiating and Reducing
3:00 - 4:00, Brad Kolling
- Favorable or Unfavorable Plan Language?
- Determining Whether the Plan Waives the Make Whole Doctrine
- Reduction of Recovery of Attorney's Fees Under the Common Fund Doctrine
- Reduction for Medical Expenses
- No Pursuit of Claim with Plan's Full Reimbursement
- Presentation of Facts
- Ethical Standards in Lien Resolution
4:00 - 5:00, Annie M. Davidson, Aaron P. Frederickson and Brad Kolling
- Liability Risks Associated With Lien Resolution
- Cost of Lien Resolution - Advising Your Clients
- Confidentiality Clauses - Tax Consequences
- The Lawyer's Obligation to Escrow all Disputed Sums and to Work to Resolve Those Disputes (Rule 1.15)
- Avoiding Other Conflicts of Interest
- What to do When a Client Ignores Medicare/Medicaid's Interests
This program is designed for attorneys. Insurance adjusters and paralegals may also benefit from attending.