2011 has been a busy year for the Medicare Secondary Payer Act and you can be sure that court, state, and CMS interpretations of this complicated law will continue to evolve. Want to make sure you are completely up to date on this year’s new MSP case law, liability requirements, and MSP trends? PMSI’s 2011 legal update webinar will ensure that you are not only up to date on the latest happenings but will clarify and fully explain new case law and the impact it will have as you continue to settle claims. Highlights from the webinar will include details and application of:
2011 MSP Case Law and Legislative Updates
- Hinsinger v. Showboat Atlantic City, wherein a court in New Jersey allowed a Plaintiff Attorney to collect his fees out of the MSA, which is contrary to guidance provided in published CMS Memoranda.
- Haro v. Sebelius, a class action lawsuit that resulted in the MSPRC ceasing their collection efforts while waiver or appeal of the conditional payment demand is being pursued.
- U.S. v. Hadden, a case that the industry hopes will finally address the issue of whether comparative fault reductions can be applied to conditional payment demands.
State Level MSP Enforcement
- Will the new proposed Maryland regulations pass? The new proposed regulations are much less stringent and seem to harmonize with CMS directives by requiring protection of Medicare’s interests in workers’ compensation settlements without a mandate to utilize the voluntary CMS WCMSA review process.
CMS liability updates
- Discussion of CMS’ first memo on liability MSAs, issued September 29, 2011
- Can Medicare Advantage Plans seek recovery of conditional payments?
Heather Schwartz, Esq., MSCC, CHPE, will offer her expertise in reference to these MSP legal updates on Tuesday, October 18, 2011 from 1 PM -2 PM EDT.
Continuing Education and Continuing Legal Education Credits have been approved for California, Florida, Illinois, Kansas, Mississippi, Missouri, & Wisconsin. Continuing Education credits are pending for additional states. For more information on obtaining CE or CLE credit for this webinar or to register, please click here.