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. Maintaining an Ethical Practice
3. Medicare Conditional Payment Subrogation Rights
4. Medicare Set-Aside Allocations, Approvals, and Administration
5. Protecting Supplemental Security Income and Medicaid Eligibility: Special Needs Trusts

1. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
   9:00 - 10:15, Peter J. Losavio Jr.
   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. Maintaining an Ethical Practice
   10:30 - 11:30, Peter J. Losavio Jr.
   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
3. Medicare Conditional Payment Subrogation Rights
   11:30 - 12:45, Catherine Hilton
   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
4. Medicare Set-Aside Allocations, Approvals, and Administration
   1:45 - 3:15, Elton F. Duncan III and Kelley A. Sevin
   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
5. Protecting Supplemental Security Income and Medicaid Eligibility: Special Needs Trusts
   3:30 - 4:30, Steven E. Bain
   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

STEVEN E. BAIN is a sole practitioner, working primarily in the areas of elder law and special needs planning. He assists clients by addressing the issues of aging, including complex health care, long-term care and estate planning. Mr. Bain is a member of the National Academy of Elder Law Attorneys. He is also a member of the New Orleans, Louisiana State and American bar associations. He is a co-author of a reference book for the general public concerning the issues of Louisiana successions titled, Guiding Those Left Behind in Louisiana: Settling the Affairs of Your Loved One. Mr. Bain earned his J.D. degree from the Louisiana State University Paul M. Hebert Law Center.

ELTON F. DUNCAN III is a partner in the New Orleans firm of Duncan & Sevin L.L.C., where his main areas of practice are admiralty and maritime law, insurance defense, personal injury, and transportation/trucking litigation. Mr. Duncan earned his B.A. and J.D. degrees from Tulane University. He is a member of the Louisiana State and American bar associations, the South Carolina Bar, the State Bar of Texas, the Maritime Law Association and the Louisiana Association of Defense Counsel.

CATHERINE HILTON is a sole practitioner in New Orleans, where she concentrates in plaintiff personal injury cases. Ms. Hilton frequently collaborates with other lawyers in complex litigation cases. She has successfully represented plaintiffs in numerous medical malpractice lawsuits and has negotiated reductions in many Medicare and Medicaid liens. Ms. Hilton earned her J.D. degree from Loyola University. Prior to attending law school, she was a litigation manager at Adams and Reese law firm, where she designed and implemented protocol and databases to track tens of thousands of mass tort claimants for the National Coordinating Counsel for an asbestos defendant. Ms. Hilton volunteers as a mentor for young lawyers and also provides pro-bono services for the New Orleans Pro-Bono Project. She is a member of the Louisiana State Bar Association.

PETER J. LOSAVIO JR. is a member in the Baton Rouge law firm of Losavio & DeJean, LLC, where he focuses his practice in taxation, estate planning, and probate law. He is board-certified in tax and estate planning by the Louisiana State Bar Association's Specialization Board, and he is also a certified public accountant in the state of Louisiana. Mr. Losavio is a frequent lecturer and has taught at the College of Business Administration at Louisiana State University. He received his B.S. and M.S. degrees from Tulane University, his J.D. degree from Louisiana State University and A & M College, and his LL.M. degree in taxation from the University of Florida. Mr. Losavio is a member of the American Bar Association's Taxation Section and the National Academy of Elder Law Attorneys.

KELLEY A. SEVIN is a partner with the law firm Duncan & Sevin L.L.C. She manages the attorney hiring, training and development for the maritime and transportation section. She earned her B.S. and J.D. degrees from Louisiana State University. Her clients include vessel owners and insurers; transportation insurers and truck owners. Her practice includes personal injury defense, Jones Act, 905(b), trucking, indemnity, insurance coverage and premises liability in federal and state court in Louisiana. She is a member of the Offshore Marine Service Association (OMSA), on whose behalf she recently filed an amicus curiae brief in the suit to overturn the drilling moratorium implemented by the U.S. Department of Interior. She has spoken at OMSA legal forums regarding offshore indemnity contracts and coordinating effective personal injury investigations. She has also prepared multiple presentations on Medicare Set-Asides and diverse topics in maritime law. Ms. Sevin is a member of the New Orleans Inns of Court, Defense Research Institute (DRI), Louisiana Association of Defense Counsel and Louisiana State and American bar associations. She is licensed to practice in Louisiana, and before the U.S. Supreme Court, the U.S. Court of Appeals, 5th Circuit and the U.S. District Court, Eastern, Western and Middle Districts of Louisiana.

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