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. Taking Medicare's Interests Into Consideration: Settlement Documents Do's and Don'ts
4. Maintaining an Ethical Practice
5. Protecting Supplemental Security Income and Medicaid Eligibility: Special Needs Trusts

1. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
   9:00 - 10:30, Written by Jennifer M. Lute Costella.
   Presented by Jennifer M. Lute Costella in Indianapolis and Richard M. Davis and David W. Holub in Merrillville.
   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, Written by Scott A. Benkie.
   Presented by Scott A. Benkie in Indianapolis, and Richard M. Davis and David W. Holub in Merrillville.
   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. Taking Medicare's Interests Into Consideration: Settlement Documents Do's and Don'ts
   1:00 - 2:00, Written by Paul L. Fields and Georgia Hartman.
   Presented by Paul L. Fields and Georgia Hartman in Indianapolis, and Michael A. Kreppein in Merrillville.
   1. Plaintiff not Anticipated to be Medicare Eligible for Many Years
   2. Medicare Interests Considered by Medicare Approval not Required
   3. Vendor Review
   4. Medicare Interests Considered and Medicare Approval Required
4. Maintaining an Ethical Practice
   2:00 - 3:00, Written by Mark A. Metzger.
   Presented by Mark A. Metzger in Indianapolis and Michael A. Kreppein in Merrillville.
   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
   3:15 - 4:30, Written by Paul L. Fields and Georgia Hartman.
   Presented by Paul L. Fields and Georgia Hartman in Indianapolis, and Richard M. Davis and David W. Holub in Merrillville.
   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

SCOTT A. BENKIE is a partner in the Indianapolis law firm of Benkie & Crawford, where he practices in the areas of commercial litigation and personal injury, including wrongful death and medical malpractice. He has written several articles for the Indiana Lawyer, the Verdict and Res Gestae on the issue of punitive damages for wrongful death, including "The Paradox of Punitive Damages in Wrongful Death" and "Punitive Damage Paradox Resolved?"; and he has lectured on similar topics. Mr. Benkie is a frequent speaker for National Business Institute. He earned his B.A. degree from Hanover College and his J.D. degree from Indiana University School of Law in Indianapolis. Mr. Benkie is a member of the Indianapolis and Indiana State bar associations, and the Indiana Trial Lawyers Association and the American Trial Lawyers Association.

PAUL L. FIELDS is field counsel for the insurance company Liberty Mutual Group. His main area of practice is workers' compensation defense and has been since 1987. Mr. Fields has lectured to insurers and employers about workers' compensation. He earned his B.A. degree from Wabash College and his J.D. degree from Indiana University School of Law. Mr. Fields is a member of the Indiana State Bar Association.

GEORGIA HARTMAN is staff counsel for Liberty Law Offices in Indiana. Ms. Hartman earned her B.A. degree from Purdue University, her M.A. degree from Northern Illinois University and her J.D. degree, cum laude, from Indiana University School of Law. She was an in-house counsel member for the Fort Wayne Community School from 1993 to 2003. Ms. Hartman was an associate attorney with Beckman Lawson, L.L.P. from 1997 to 1999. She is a member of the Indiana State Bar Association and is admitted to practice before the U.S. District Court, Northern District of Indiana, the U.S. District Court, Southern District of Indiana and the U.S. Court of Appeals, 7th Circuit.

JENNIFER M. LUTE COSTELLA started her legal career as in-house counsel focused on insurance defense, including coverage disputes, fraud and automobile liability. Ms. Lute Costella then joined a multi-state law firm in northwest Indiana, and now practices with the law firm of Metzger Rosta LLP, based in Noblesville, Indiana. Her litigation practice is concentrated in the areas of insurance and self-insured corporation defense, including contractual, automobile, trucking, products and premises liability, as well as restaurant liability. Ms. Lute Costella has tried cases to juries and the bench in many counties throughout the state of Indiana. She is admitted to practice law in the state of Indiana, and before the U.S. District Court for the Northern District of Indiana and the U.S. District Court for the Southern District of Indiana. Ms. Lute Costella earned her J.D. degree from Valparaiso University School of Law in Valparaiso, Indiana, and her Bachelor of Liberal Studies degree from Purdue University.

MARK A. METZGER is a partner in the Indianapolis firm of Metzger Rosta LLP, where he practices in the areas of insurance defense, litigation and personal injury. He has been a guest lecturer at numerous seminars with regard to his practice. Mr. Metzger also is an adjunct professor at Indiana University-Purdue University in Indianapolis. He is a member of the Indianapolis, Indiana State and American (member, Insurance Law and Litigation sections) bar associations, and the Defense Trial Counsel of Indiana, and the Defense Research Institute. Mr. Metzger earned his B.S. degree, with distinction, his M.P.A. degree and his J.D. degree, cum laude, from Indiana University.

RICHARD M. DAVIS is an attorney with Hoeppner Wagner & Evans LLP. He has tried approximately 100 jury trials in state and federal courts over the last 26 years. Mr. Davis' trial experience includes personal injury cases, both for the plaintiff and for the defendant, state and federal criminal matters, contractual disputes and will contests. In the past, his practice was, for a time, focused on defending bad faith claims against insurance companies. Mr. Davis is a civil mediator and speaks Spanish. He currently represents creditors in bankruptcy proceedings and plaintiffs in medical malpractice and personal injury cases. Mr. Davis has participated in labor negotiations and consultations. Prior to joining the firm in 1985, he served as a Deputy Prosecutor for Lake County, Indiana. Mr. Davis is a member of the Indiana State, Lake County, Porter County and American bar associations, and Defense Trial Counsel of Indiana and Defense Research Institute, Inc. He earned his B.A. degree from Valparaiso University and his J.D. degree from Indiana University School of Law.

DAVID W. HOLUB is an attorney in Merrillville, Indiana. Mr. Holub is Board Certified by the National Board of Trial Advocacy as a Civil Trial Advocate. He is admitted to practice before the Indiana state courts, the U.S. Federal district courts, Southern and Northern districts, the Supreme Court of the U.S., and the U.S. Federal District Court in the Northern District of Illinois. Mr. Holub is a member of Lake County and Indiana State bar associations, and The Association of Trial Lawyers of America, Indiana Trial Lawyers Association, and "The Million Dollar Advocates Forum - The Top Trial Lawyers in America." He earned his B.A. degree, magna cum laude, from Olivet College and his J.D. degree from Valparaiso University.

MICHAEL A. KREPPEIN is a partner in the Michigan City firm of Huelat Mack & Kreppein, P.C. He practices in insurance defense, insurance coverage, products liability, personal injury and civil litigation. Mr. Kreppein is a member of the Defense Trial Counsel of Indiana, the Defense Research Institute, the LaPorte County Bar Association and the Indiana State Bar Association, for which he served as a district representative for its Litigation Section from 2005 to 2008. He is admitted to practice in Indiana, and before the U.S. District Court for the Northern and Southern districts of Indiana and the U.S. Court of Appeals 7th Circuit. Mr. Kreppein is a frequent lecturer for National Business Institute on his areas of practice. He earned his B.A. degree from the University of Illinois at Chicago and his J.D. degree from Valparaiso University School of Law, where he was president of the Student Association of Trial Lawyers of America's Mock Trial Team.

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