Compliance with the Medicare Secondary Payer (MSP) Act is critical for liability claims, yet confusion remains in the industry as to how to best achieve it. PMSI’s upcoming webinar will not only provide guidance as to how to take Medicare’s interests into account in liability settlements, but will also cover recent updates from CMS/ MSPRC and recent MSP liability case law. Highlights of the webinar include:
Liability MSAs (LMSAs)
- CMS issues their first memorandum regarding LMSAs in September 2011
- An informal “handout” issued by Region VI of CMS addressing liability issues and industry concerns
Recent Changes from the MSPRC Regarding Conditional Payments
- Fixed Percentage Option for settlements below $5,000
- Low Dollar Threshold for settlements below $300
- Self Calculation Option for settlements below $25,000
Medicare’s Position on Comparative Negligence as it relates to Conditional Payments
- Discussion of the recent Hadden decision and its application
Case Law Update
- 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.
- Big R Towing v. Benoit, a Jones Act/liability settlement in which the court found that a portion of the settlement should be set aside for future medical expenses payable by Medicare despite a lack of formal guidance from CMS as it relates to liability.
Heather Schwartz, Esq., MSCC, CHPE, CLMP, CMSP will offer her expertise in reference to these issues on Tuesday, February 21, 2012 from 1 PM -2 PM EST.
Credit for Continuing Education and Continuing Legal Education is pending approval in California, Florida, Pennsylvania, Illinois, North Carolina, South Carolina, Michigan, Georgia, Virginia, Louisiana and Kansas. For more information on obtaining CE or CLE credit for this webinar or to register, please click here.