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

1. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
   9:00 - 10:15, James W. Shelson
   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
   10:30 - 11:45, Randall E. Day III
   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
   12:45 - 2:30, Patrick T. Bergin and Walter J. Eades
   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, Michael D. Simmons
   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, Michael D. Simmons
   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

PATRICK T. BERGIN is an attorney with Butler, Snow, O'Mara, Stevens & Cannada, PLLC, where his main areas of practice are general litigation, personal injury defense, property damage defense, toxic tort and environmental law, insurance defense and transportation law/trucking defense. Mr. Bergin has previously written and spoken in his main areas of practice including "The Medicare Payor Secondary Statute: Litigators Beware", for The MDLA Quarterly. He is a member of the American Bar Association, Defense Research Institute, Trucking Industry Defense Association, Mississippi Defense Lawyers Association, Editorial Board, The Mississippi Bar, State Bar of Georgia, Harrison County Bar Association, American Inn of Court, Russell, Blass, Walker Chapter, and the Association of Attendees & Alumni of Hague Academy of Int'l Law, The Netherlands. Mr. Bergin earned his J.D. degree, with honors, from Florida State University.

RANDALL E. DAY III is a founding member of Mitchell Day Health Law Firm, PLLC. His practice has focused in the area of bad faith insurance defense litigation, property and business income loss claims, premises liability, and personal injury, as well as representing health care providers in regulatory matters including corporate compliance planning, fraud and abuse, business transactions, and representation in appeals before various administrative agencies. Mr. Day has served as general counsel and compliance officer for a multi-state home health medical provider. He began his law practice with the Campbell DeLong, LLP firm in Greenville, Mississippi in 1994. Mr. Day has represented plaintiffs and defendants in chancery, circuit and the federal courts in Mississippi. He is a member of the Madison County Bar Association, the Mississippi Claims Association, the Atlanta Claims Association, the Property Loss Research Bureau and the American Health Lawyers Association. He earned his B.S. degree from the University of Southern Mississippi and his J.D. degree from the University of Mississippi.

WALTER J. EADES is an attorney with Dukes, Dukes, Keating & Faneca, P.A., where his main areas of practice are workers' compensation and personal injury defense. Mr. Eades is a member of the American Bar Association, The Mississippi Bar and Harrison County Bar Association. He earned his B.A. degree from Mississippi State University and his J.D. degree from the University of Mississippi.

JAMES W. SHELSON is a partner with Phelps Dunbar LLP and the practice group coordinator in the general litigation group. He has significant experience in litigating cases involving business torts, lender liability, consumer finance, coverage disputes, bad faith claims, property damage and subrogation, personal injury and wrongful death, products liability, and toxic torts. Mr. Shelson practices in Mississippi and Alabama. His jury trial experience includes both state and federal courts. Mr. Shelson has presented and wrote on topics in his main areas of practice. He is a member of The Mississippi Bar, Alabama State Bar, American Bar Association (Litigation Section, and Tort and Insurance Practice Section), 5th Circuit Bar Association and Hinds County Bar Association. Mr. Shelson earned his B.A. degree from Michigan State University and his J.D. from Pennsylvania State University, Dickinson School of Law.

MICHAEL D. SIMMONS is an attorney in the Jackson law firm of Cosmich, Simmons & Brown, PLLC, where he practices in the areas of mass torts, commercial litigation, tort litigation, insurance litigation, employment law and appeals. He earned his B.A. degree from the University of Georgia and his J.D. degree, with special distinction, from Mississippi College School of Law. While in law school, Mr. Simmons was on the editorial board of Mississippi College Law Review and was a member of two national moot court competition teams. He is a 2007 Mid-South Super Lawyer. Ms. Simmons also is a contributing writer to the Encyclopedia of Mississippi Law (West Group, 2001) and a frequent seminar speaker.

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