BarbriSFCourseDetails

Course Details

This CLE course will provide guidance to insurance defense counsel and counsel for insurance plan payers for settling general liability and personal injury claims while complying with CMS reporting requirements and satisfying Medicare liens for conditional payments.

Faculty

Description

Insurance defense counsel and counsel for insurance plan payers must consider Medicare and Medicaid requirements when settling personal injury claims. The key concerns involve Medicare Secondary Payer (MSP) rights and the Medicare, Medicaid, and SCHIP Extension Act (MMSEA).

The requirements for structuring and reporting settlements are complex and confusing, and the need to understand the requirements and avoid errors or omissions in executing settlements is great. Penalties for noncompliance are steep and can reach up to $1,000 a day.

Understanding the MSP and MMSEA requirements and taking steps during settlement to ensure compliance is essential to minimize the risk of liability.

Listen as our panel of litigators explains the obligations of MSP and MMSEA for insurance defense counsel and plan payers of general liability and personal injury claims. The panel will provide best practices for negotiating and documenting personal injury settlements dealing with Medicare issues.

Outline

  1. Medicare as Secondary Payer Act liability
    • Liability issues for payers
    • Liability issues for defendant's counsel
    • Measures to minimize liability in settlements
  2. Reporting requirements of Section 111 of the MMSEA
    • Reporting overview
    • Medicare queries
    • Settlement agreements and releases

Benefits

The panel will review these and other key issues:

  • When should Medicare set-asides be used?
  • What are the reporting requirements of Section 111 of the MMSEA?
  • What are best practices to ensure compliance when drafting a settlement?