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

Continuing Education Credits:   

* denotes specialty credits

1. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
   9:00 - 10:30, Christine Hummel
   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
2. Medicare Conditional Payment Subrogation Rights
   10:45 - 12:00, Kenneth B. Pennywell
   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
3. Medicare Set-Aside Allocations, Approvals, and Administration
   1:00 - 2:30, R. Eric Solem
   1. Medicare Set Aside (MSA) Allocations
   2. MSA Approval Process
   3. MSA Administration
   4. Medicare Secondary Payer Act and CMS Memorandums
   5. Private vs. Professional MSA Administration
      1. Medicare Beneficiary
      2. The Employer/Carrier
      3. The Attorneys Representing the Parties
4. Maintaining an Ethical Practice
   2:45 - 3:45, Kenneth B. Pennywell
   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
   3:45 - 4:30, R. Eric Solem
   1. Supplemental Security Income (SSI) Program Overview
   2. Medicaid Program in a Nutshell
   3. Resolving Claims in Which SSI and/or Medicaid Benefits are at Stake to Maintain Eligibility

CHRISTINE HUMMEL is the president and founder of Hummel Consultation Services, a legal consultation practice specializing in the application of the Medicare Secondary Payer Act. She is an active attorney with licensure in the state of Colorado. With more than 11 years of experience in Medicare compliance, Ms. Hummel is a published author and popular speaker on a wide array of topics related to Medicare compliance. She has worked directly with the Centers for Medicare and Medicaid Services in regards to new implementation procedures as to the applicability of the Medicare Secondary Payer Act to third party liability settlements. Ms. Hummel is a member of the American Bar Association (Health Law Section) and the Colorado Bar Association, and includes with her legal experience work in Medicaid, probate, and elder law. She donates a significant amount of time volunteering with the Federal Park Service, giving presentations on the roles of women during the American War of Independence. Ms. Hummel earned her B.S. degree from University of Southern California and her J.D. degree from University of Denver College of Law.

KENNETH B. PENNYWELL is an attorney in the law firm of Franklin D. Azar & Associates, P.C., where he practices in the areas of personal injury, civil litigation and attorney ethics. He formerly served as an assistant district attorney for the 1st Judicial District in Shreveport, Louisiana and served on the Colorado Supreme Court Standing Committee on Rules of Professional Conduct from 2006-2009. Mr. Pennywell worked for seven years with the Colorado Supreme Court Office of Attorney Regulation as a trial attorney, handling ethical violations on the part of Colorado licensed attorneys. He currently represents clients in Louisiana who sustained damages as a result of the British Petroleum gulf oil spill. Mr. Pennywell also participated in the mass tort action in Mississippi against Walmart for labor violations regarding hourly employees. He earned his B.A. and J.D. degrees from Southern University in Baton Rouge, Louisiana. Mr. Pennywell is a member of the Colorado and Louisiana State bar associations, and a former member of the National District Attorney Counsel.

R. ERIC SOLEM is the senior partner in the Englewood law firm of Solem, Mack & Steinhoff, P.C., and a member of the National Academy of Elder Law Attorneys. His practice emphasizes elder law, Medicaid, Medicare, probate and special needs trusts matters. Mr. Solem has handled public benefits appeals before the federal district courts, the courts of appeals, and the U.S. Supreme Court. He is a frequent lecturer on "Medicaid", "Medicare Set Aside Agreements" and "Special Needs Trusts", and is a past president and board member of The Colorado Fund for People with Disabilities, Inc. Mr. Solem is a member of the Elder Law Committee and the Trust and Probate Section of the Colorado Bar Association. He also is a member of The Colorado Trial Lawyers Association. Mr. Solem earned his B.A. and J.D. degrees from the University of Wisconsin, Madison.

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

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Phone: 866-240-1890

Email: credit@nbi-sems.com