Medicare has redoubled the enforcement of its right of lien recovery under the Medicare Secondary Payer Act in injury claims and settlements. Do you know exactly when and how litigants must take Medicare's interests into account to ensure compliance and minimize its impact on settlement? This engaging legal course includes in-depth discussions on mandatory insurer reporting, Medicare conditional payments, and Medicare Set-Asides. Get practical guidance in resolution of Medicaid liens and the creation and administration of special needs trusts. Don't let MMSEA derail your injury settlements – order today!

1. Medicare Conditional Payment Subrogation Rights
2. Medicare Set-Aside Allocations, Approvals, and Administration
3. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
4. Maintaining an Ethical Practice
5. Protecting Supplemental Security Income and Medicaid Eligibility: Special Needs Trusts

Continuing Education Credits:   

* denotes specialty credits

1. Medicare Conditional Payment Subrogation Rights
   9:00 - 10:15, Lora K. White
   The governing articles of the Medicare Secondary Payer Act
   1. Payment Subrogation
   2. Conditional Payment Process
   3. Payback Timeline
   4. Entity Responsibility
   5. Applicable Waiver and Appeals Process
2. Medicare Set-Aside Allocations, Approvals, and Administration
   10:15 - 11:30, Barry Gregory
   1. Medicare Set Aside (MSA) Allocations
   2. MSA Approval Process
   3. MSA Administration
   4. Medicare Secondary Payer Act and CMS Memorandums
   5. Changes Applied and Challenges Created by CMS
   6. Tips for Getting MSAs Approved
3. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
   11:45 - 12:15 and 1:15 - 1:45, Barry Gregory
   Overview of the current and projected mandatory insurer reporting landscape as set out by Section 111 of the Medicare/Medicaid, SCHIP Extension Act of 2007
   1. The Contextual Background of the Act
   2. Which Entities are Required to Report to the Government
   3. What Information is Necessary for Reporting
   4. The Penalties for Incomplete Submissions or Non-Compliance
   5. The Effects of Reporting on the Litigants and Their Case
4. Maintaining an Ethical Practice
   2:00 - 3:00, Lynda C. Shely
   1. Attorney's Duty of Competence, Diligence and Communication
   2. Identifying and Preventing Conflicts of Interest
   3. Maintaining Client Confidentiality
   4. Medical Records Treatment Under HIPAA
   5. Rules for Handling Clients' Settlement Funds in the Event of a Dispute
5. Protecting Supplemental Security Income and Medicaid Eligibility: Special Needs Trusts
   3:00 - 4:30, Keith R. Lyman
   1. Interplay Between Special Needs Trusts and Public Benefit Programs
   2. First Party Special Needs Trusts
   3. Third Party Trusts
   4. Purely Discretionary Trusts
   5. Methods of Creating Special Needs Trusts
   6. Drafting Considerations
   7. Distributions From a Special Needs Trust

BARRY GREGORY is senior vice president, sales, for Ability Services Network, Inc. (ASN). Mr. Gregory joined the firm in July, 2009. With more than 30 years of workers' compensation industry experience in all areas of managed care, he is responsible for sales/sales management in the Western states for ASN and its subsidiary MedAllocators, Inc. Mr. Gregory also serves as product manager for ASN's newest product, Utilization Review. Prior to joining ASN, he was president of SolCon Services and had served as a senior vice president for Coventry/Concentra Managed Care Inc., from 1981 to 2008. Before that, he worked for CRA and Crawford and Co., and for Louisiana Medical School's Department of Medicine. Mr. Gregory earned his M.S. degree in rehabilitation counseling from the University of Tennessee and is a certified rehabilitation counselor.

KEITH R. LYMAN joined the law firm of Frazer Ryan Goldberg & Arnold LLP, in 2008. As an estate planning attorney, Mr. Lyman focuses his practice on estate planning and long-term care planning, including Medicaid eligibility and asset protection, along with the use of special needs trusts. He is also a certified financial planner, having earned his designation in 1996. Mr. Lyman practiced law in Indiana for 27 years with a practice focused on estate planning and long-term care planning. He graduated from Washburn University School of Law in 1977, and is licensed to practice law in Kansas, Indiana and Arizona. He is also a member in good standing of the Arizona State Bar Association and the National Association of Elder Law Attorneys. Mr. Lyman is the author of Teach Yourself Estate Planning in 24 Hours, published by Pearson Education, a division of Macmillan Publishing, and The Strategy of Long-Term Care - How Middle and Upper Middle Class America Qualifies for Medicaid, published by Brooke-Matthews Publishing Co., Inc. He is also the technical editor of The Complete Idiot's Guide to Wills and Estates, published by Pearson Education and technical editor of Personal Financial Planning Guide , also published by Pearson Education.

LYNDA C. SHELY, of The Shely Firm, P.C., provides ethics and risk management advice to lawyers, including assisting with initial responses to bar charges, as well as serving as an expert witness on professional responsibility and fee issues. Prior to opening her own firm, Ms. Shely was the director of lawyer ethics for the State Bar of Arizona for ten years. She frequently presents continuing education programs throughout the country on lawyer professional responsibility and professionalism topics. Ms. Shely received her B.A. degree from Franklin and Marshall College in Lancaster, Pennsylvania, and her J.D. degree, with highest honors, from The Catholic University in Washington D.C. She is a member of the American Bar Association's Center for Professional Responsibility Strategic Planning Committee, a prior chair of the ABA Standing Committee on Client Protection, and a fellow of the American Bar Foundation. Ms. Shely served as a member of the State Bar of Arizona's Ethical Rules Review Group that proposed the 2003 revisions to the ethical rules. She currently serves on the State Bar of Arizona's Professionalism Committee, UPL Advisory Committee, and Convention Committee. Ms. Shely is a past president of the Scottsdale Bar Association. She was selected as the 2007 State Bar of Arizona Member of the Year, and has received awards for continuing education and law-related education. Previously, Ms. Shely was an intellectual property associate with Morgan, Lewis & Bockius in Washington, D.C.

LORA K. WHITE is a medical services consultant and life care planner with Sims & White, PLLC. Ms. White is a registered nurse who has actively prepared life care plans for both plaintiff and defense since 2003. She earned her B.S. degree in nursing from the University of Utah and presently holds certifications as a case manager; Medicare set aside consultant, and life care planner. Ms. White has worked in the hospital, inpatient case management, acute rehabilitation, home care, and workers’ compensation settings and continues to work in the home care field. She currently prepares an average of 75 to 100 care plans per year and is a contributing author to the upcoming textbook on life care planning being published by the AANLCP.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com