MSP Mid 2012 Legal Updates Webinar

2012 has been a busy year in the area of MSP compliance and you can be sure that court, state, and CMS interpretations of this complicated law will continue to evolve.  If you want to assure you are completely up to date on this year’s new MSP case law, liability requirements and MSP trends, plan to attend PMSI’s 2012 legal update webinar!  The webinar will not only ensure you are up to date on the latest happenings in the area of MSP compliance, but will clarify and fully explain new case law and how it may impact claim settlements.  Highlights from the webinar include:

2012 MSP Case Law

  • Bruton v. Carnival Corp., wherein a Florida court found that although the settlement documents spoke to compliance with the MSP, because an MSA was not specifically mentioned, it was not required. I will discuss how settlement documents are key in ensuring MSP compliance.
  • Oregon State Bar Prof. Liability Fund v. DHHS, an attorney legal malpractice insurer sought a court’s opinion as to whether it is an RRE under the MMSEA and required to report claims information to Medicare. Will more entities seek exemption from reporting under the MMSEA from the courts in the future?

Conditional Payment Update

  • A recent Third Circuit Case as well as a recent CMS memorandum provides Medicare Advantage Plans with the same rights of recovery as traditional Medicare and also allows for a private cause of action for double damages if conditional payments are not reimbursed! I will explain how this update may affect settlements and how you can protect yourself from this private cause of action.

CMS liability updates

  • CMS attempts to formalize rules surrounding the MSP and future medicals. Will LMSAs or another form of allocation be required in the near future?

Legislative Update

  • A WCMSA bill seeks to exempt all workers’ compensation settlements under $25,000 from any compliance with the MSP. Will this bill pass?

Heather Schwartz, Esq., MSCC, CHPE, CLMP, CMSP will offer her expertise in reference to the above topics on Tuesday, September 18, 2012 from 1 PM -2 PM EDT.

This webinar is complimentary and 1 hour of CEU and CLE credit has been requested in multiple states; all attendees who successfully complete the Webinar will be provided with a Certificate of Attendance. For more information on obtaining CEU or CLE credit for this webinar and to Register, please click here:

2 thoughts on “MSP Mid 2012 Legal Updates Webinar”

  1. Has our gov’t given any consideration on how they plan to deal with requiring foreign countries (UK & Canada particularly) to rsvp with info on medicare related claims, as there are very stringent laws in these countries which prohibit revealing much of the information that medicare request ?

    • Mary,

      Thank you for your question. Claims with Medicare beneficiaries need to be reported, regardless of where the beneficiary currently is domiciled. It would not be the country that needs to report the claim, but rather the RRE. The RRE would submit the information through CMS’ secure data portal. Although we are unfamiliar with the privacy laws in other countries, the data submitted to CMS would be secure and would only be used for internal purposes at CMS for coordination of Medicare benefits. We hope that you are able to join our webinar on September 25th and please feel free to reach out with any questions in the future.

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