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 effectively trying and settling your cases. 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. Trial and Settlement Considerations

Continuing Education Credits:   

* denotes specialty credits

1. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
   9:00 - 9:45, Michael R. Merlino II and Mark Popolizio
   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. When Does Reporting Start?
      1. Workers' Compensation
      2. Liability
   4. The Penalties for Incomplete Submissions or Non-Compliance
   5. The Effects of Reporting on the Litigants and Their Case
      1. Plaintiffs
      2. Defendants
2. Medicare Conditional Payment Subrogation Rights
   10:00 - 11:45, Michael R. Merlino II and Mark Popolizio
   The governing articles of the Medicare Secondary Payer Act
   1. Payment History of the Act
   2. Entities Involved in the Process
      1. Centers for Medicare and Medicaid Services (CMS)
      2. Coordination of Benefits Contractor (COBC)
      3. Medicare Secondary Payer Recovery Contractor (MSPRC)
   3. Who is Responsible for Reimbursing Medicare?
   4. What is the Process?
   5. Recent Case law and Statute of Limitations
      1. Plaintiff
      2. Defense
3. Medicare Set-Aside Allocations, Approvals, and Administration
   12:45 - 2:00, Michael R. Merlino II and Mark Popolizio
   1. History of Medicare Set-Asides
      1. Medicare Secondary Payer Act
      2. Regulations
      3. Policy
   2. The Inner Working of the MSA Approval Process (How it Really Works, or Doesn't Work)
   3. Horror Stories of the MSA Approval Process
   4. Practical Implication for Workers' Compensation
      1. Plaintiff
      2. Defense
   5. MSA's and Liability Cases
4. Maintaining an Ethical Practice
   2:15 - 3:15, Gary Hill
   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. Trial and Settlement Considerations
   3:15 - 4:30, Michael Rosetti
   1. Getting Your Cases Settled
      1. Plaintiff
      2. Defense
   2. Settlement Language
   3. Trial Issues (Including Special Jury Verdict Forms)

GARY HILL has been a partner in the Atlanta firm of Hill and Bleiberg since 1985. His civil trial practice concentrates in personal injury and wrongful death. He was a partner at the Atlanta law firm of Lokey and Bowden from 1977-1985. Mr. Hill is a frequent speaker at legal education seminars on the subjects of evidence in Georgia state and federal trial courts, trial tactics and jury persuasion, trucking and automobile litigation, medical negligence, product liability and security, and premises liability. He has been a faculty member at the National Institute of Trial Advocacy (NITA), Georgia Institute for Continuing Legal Education, presenting "Evidence for Georgia Trial Lawyers," and at the annual Kessler Trial Training Program at Emory University. Mr. Hill wrote "Preparing the Complex Personal Injury Case for Trial from the Time of Suit," Journal of the Georgia Trial Lawyers Association. He earned his B.A. degree from Emory College and his J.D. degree from Emory University School of Law. Mr. Hill's professional memberships include the State Bar of Georgia (Insurance Committee), the Atlanta Bar Association (Speakers Committee), the American Association for Justice, the Georgia Trial Lawyers Association (GTLA), the American Bar Association (ABA), the Attorneys Information Exchange Group (AIEG), the Brain Injury Foundation and the Lawyers Club of Atlanta. He has been recognized by inclusion in The Bar Register of Preeminent Lawyers and has been named a Georgia Super Lawyer (2005-2007).

MICHAEL R. MERLINO II is the director of medicare compliance for Sedgwick Claims Management Services, Inc. (Sedgwick CMS). He is responsible for planning and leading a new Medicare compliance unit to assist Sedgwick CMS clients whose workers' compensation, general liability, and professional liability claims involve potential Medicare compliance components. Also a nationally published author on Medicare compliance, Mr. Merlino has addressed large and small business organizations and state bar associations on these subjects. He has the keen ability to explain the complex in a simple, straightforward way to those who need to understand the importance of compliance. Most recently, Mr. Merlino was published in the Illinois Trial Lawyers Association's semi-annual Trial Journal magazine. "Medicare Set-Asides and Third-Party Liability Cases, an in-depth look at best practices for today," was written with coauthor Lawrence T. Ruder (2010). He is a graduate of the University of Toledo College of Law and member of the State Bar of Georgia and New York State Bar Association. Mr. Merlino is also on the steering committee for Medicare Advocacy Recovery Coalition (marc.org), an organization that is working to revise and amend Medicare Secondary Payer Act.

MARK POPOLIZIO is the vice president of customer relations for NuQuest/Bridge Pointe. Prior to joining NuQuest/Bridge Pointe, he practiced law for 10 years concentrating in the areas of workers' compensation defense and insurance defense litigation. Mr. Popolizio developed a national Medicare practice that included Medicare Set Asides and general compliance with the Medicare Secondary Payer Statute. While in private practice, he represented numerous carriers, 3rd party administrators and self insureds. In addition to Mr. Popolizio workers compensation and Medicare practices, he served as the executive director of the Negotiated Workers' Compensation Insurance Program (NWCIP) which is an alternative dispute resolution system under the Florida workers' compensation act. He served as vice president of the National Alliance of Medicare Set-Aside Professionals (NAMSAP) from 2006-2008 and remains active with NAMSAP concentrating on education and legislative matters. Mr. Popolizio was also a featured instructor on Medicare and Life Care Planning issues with the former University of Florida/Medipro LLC programs. Over the past several years and currently, he has been a featured presenter a numerous seminars and other industry events across the country. Mr. Popolizio presentations have included Medicare Basics, Medicare Set-Asides, Medicare Conditional Payments, Medicare Part D (prescription drugs), and Section 111 of the Medicare, Medicaid & SCHIP Extension Act. He has also authored numerous articles addressing several topics related to Medicare Secondary Payer compliance issues. Mr. Popolizio is currently involved in legislative efforts in Congress regarding the Medicare Secondary Payer Enhancement Act (H.R. 4796). He earned his J.D. degree from Nova Southeastern University School of Law and his B.S. degree from Quinnipiac University. Mr. Popolizio is admitted to practice in Florida and Connecticut.

MICHAEL ROSETTI is an attorney in the Atlanta law firm of Swift, Currie, McGhee & Hiers, LLP, where he represents insurers and self-insured companies in workers' compensation related matters throughout Georgia. He also handles general liability, insurance coverage and Longshore matters. Mr. Rosetti has held several leadership positions in the legal community. He serves on the Board of Directors of the Atlanta Bar Association - Workers' Compensation Section, is a member of the Legal Steering Committee of the Georgia State Board of Workers' Compensation, is a Fellow of the Lawyers Foundation of Georgia and is on the committee organizing the Kids' Chance of Georgia Dinner and Silent Auction. Mr. Rosetti is a frequent speaker on workers' compensation law and related topics including Medicare set asides, workplace safety and ethics/professionalism. He has spoken at the request of the Institute for Continuing Legal Education, National Business Institute, The American Society of Safety Engineers, the Professional Rehabilitation Specialists of Georgia, the Georgia State Board of Workers' Compensation as well as local chambers of commerce, employer groups and at client meetings. He is a past co-chair of the Institute of Continuing Legal Education in Georgia - Workers' Compensation Law Institute and has written numerous papers on workers' compensation-related topics. In 2009 and 2010, Mr. Rosetti was honored on the Georgia Rising Stars list, and in 2011 was selected as a Georgia Super Lawyer. He is AV rated by Martindale Hubbell.

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