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. 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, Galen L. Clark
   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, Sheldon L. Haden
   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 - 2:15, Sheldon L. Haden
   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
   2:30 - 3:30, Matthew W. Stein
   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
   3:30 - 4:30, Brian Borellis
   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

BRIAN BORELLIS is an attorney in Louisville, Kentucky, where he has been practicing law since 1987 in the area of estate planning, following six years of experience in estate and trust administration with two large trust institutions. His practice concentrates in the area of estate planning, trust and estate administration, with a significant emphasis on elder law and Medicaid eligibility planning. Mr. Borellis has written extensively on the subject of trusts, estate planning and Medicaid planning strategies and techniques. He co-wrote the book Kentucky Medicaid Eligibility Guide for Nursing Home Care, concerning Medicaid eligibility strategies and advance planning which was published in 2001 by Guiding Light Publications. In addition, Mr. Borellis’ publications include Irrevocable Trusts: Tax Aspects and Practical Considerations, 1988, 1991, and Estate Conservation Planning, 1996, and 2003, both published by the University of Kentucky Press. He has been a regular speaker at the annual Mid-South Estate Planning Conference sponsored by the University of Kentucky College of Law. Mr. Borellis is a frequent speaker before professional groups including social workers, nursing home administrators and lawyers. He has lectured and published with the National Business Institute, Half Moon Seminars and Medical Educational Services on the subjects of Kentucky Medicaid and Medicaid Planning, and Kentucky Elder Law. He has frequently published in the Louisville area Business First and the Louisville Courier-Journal on the same subjects. Most recently, Mr. Borellis has been featured in the March 2006 and 2007 "Best Lawyers in Louisville" issue of Louisville Magazine.

GALEN L. CLARK is of counsel to the Louisville law firm of Travis & Herbert PLLC. Mr. Clark has been in the practice of law for more than 19 years. The majority of his practice involves litigation in the areas of insurance defense for automobile and commercial cases, insurance bad faith cases (defense and plaintiff cases), general civil litigation, business litigation, and criminal defense. Mr. Clark also practices family law cases, business formation, and business liability avoidance. His cases have ranged from successfully defending construction companies in multi-million dollar lawsuits and successfully defending insurance companies in trials for bad faith claims, to helping a Christian rock band resolve recording contract issues, defending some interesting criminal cases, and successfully defending numerous automobile accident trials. Mr. Clark earned his B.A. degree in biology from the University of Louisville and then studied at the Louisville Presbyterian Theological Seminary in Louisville. He was involved in several business ventures before attending the Brandeis School of Law at the University of Louisville where he earned his J.D. degree in 1991. Mr. Clark is a member of the Kentucky, Indiana State and Louisville bar associations, the U.S. District Court for the Western District of Kentucky, the U.S. District Court for the Southern District of Indiana and the U.S. Court of Appeals for the 6th Circuit.

SHELDON L. HADEN is an attorney with the law firm of Stites & Harbison PLLC. She earned her B.A. degree from the University of Louisville, magna cum laude, and her J.D. degree, cum laude, from the Louis D. Brandeis School of Law. Ms. Haden practices in the areas of personal injury, health care, medical malpractice, insurance, and business litigation. She has written on the subjects of mediation, bench trials, and handling medical malpractice claims. She recently co-authored: Plaintiff's Medical Care and Treatment - Discovery and Evidentiary Issues. Ms. Haden is a volunteer with the Domestic Violence Advocacy Program in Louisville, representing victims of domestic violence in DVO hearings. She is also a volunteer for the Legal Aid Society and GuardiaCare. In addition, Ms. Haden serves as vice-president of the Women Lawyers Association of Jefferson County. Ms. Haden is a member of the Kentucky, Federal, and Louisville bar associations, as well as the Defense Research Institute, the Kentucky Defense Counsel, and the American Health Lawyers Association. Since CMS announced the reporting requirements, Ms. Haden has helped navigate clients and colleagues through the intricacies of the Medicare laws.

MATTHEW W. STEIN is a sole practitioner in Louisville, Kentucky. He has been an attorney for more than 22 years and practices in the areas of personal injury and business litigation. Mr. Stein is board certified as a civil trial advocate by the National Board of Trial Advocacy and has been named a "Kentucky Super Lawyer," for 2007, 2008 and 2009 by Law & Politics. He is a member of the Litigation Counsel of America, Million Dollar Advocates Forum, the Kentucky Justice Association and the Kentucky Bar Association. Mr. Stein earned his B.S. degree from the University of Kentucky and his J.D. degree from the University of Louisville.

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