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. Don't let MMSEA derail your injury settlements – order today!

1. Medicare Conditional Payment Subrogation Rights
2. Medicare Set-Aside Allocations, Approvals, and Administration
3. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
4. Maintaining an Ethical Practice

Continuing Education Credits:   

* denotes specialty credits

1. Medicare Conditional Payment Subrogation Rights
   9:00 - 10:45, Daniel W. Hayes
   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
2. Medicare Set-Aside Allocations, Approvals, and Administration
   11:00 - 12:00 and 1:00 - 2:00, Daniel W. Hayes
   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
3. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
   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
   2:15 - 3:30, Andrew A. Bennington
   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
4. Maintaining an Ethical Practice
   3:30 - 4:30, Jessica C. Smythe
   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

ANDREW A. BENNINGTON is an associate with Parker Poe Adams & Bernstein LLP, where he focuses his practice on general commercial and civil litigation. His main areas of practice are tort defense, transportation, products liability and insurance coverage. Prior to beginning his legal career, Mr. Bennington served as a combat engineer officer in the United States Marine Corps, where he ultimately attained the rank of Captain. He is a member of the North Carolina State Bar Association. Mr. Bennington earned his B.A. degree from the University of North Carolina at Chapel Hill and his J.D. degree from the University of South Carolina.

DANIEL W. HAYES is a partner with Teague Campbell Dennis & Gorham, LLP, where his main areas of practice are alternative dispute resolution, appellate advocacy, employment law and workers' compensation. He is currently licensed in South Carolina and North Carolina, and his primary area of practice is workers' compensation. Mr. Hayes is certified as a circuit court mediator in South Carolina. He also has been designated a Medicare Set-Aside certified consultant. Mr. Hayes was included in Best Lawyers in America for workers' compensation law in 2010 and 2011. He is author of the 2007 article,"South Carolina Workers' Compensation Reform Act: An Overview", published in South Carolina Lawyer magazine, and is co-author of the treatise: Beard, Poteat, Lamar, Sumwalt, Hayes, The Law of Workers' Compensation Insurance in South Carolina, Fifth Edition, published by the South Carolina Bar. Mr. Hayes is a member of the American Bar Association, National Workers' Compensation Defense Network, South Carolina Bar, South Carolina Defense Trial Attorneys' Association, South Carolina Self-Insurers Association and South Carolina Workers' Compensation Educational Association. He earned his B.S. degree from the University of South Carolina Honors College and his J.D. degree from the University of South Carolina School of Law.

JESSICA C. SMYTHE is legal counsel and national account executive for Crowe Paradis Services Corporation. Prior to joining Crowe Paradis, Ms. Smythe had close to 13 years experience as a workers' compensation and liability defense attorney.  Her clients included large national and international employers, self insured corporations, third party administrators and insurance carriers. In the course of the representation of her clients, Ms. Smythe faced the impact of Medicare compliance on claims handling and litigation on a day to day basis and uses this practical knowledge in her current Medicare compliance training. She is a national speaker on Medicare compliance issues, including Medicare set asides, the negotiation and settlement of conditional payments and MMSEA reporting requirements. Ms. Smythe also provides Medicare compliance training to the world's largest insurance carrier and the nation's largest carriers, third party administrators, self-insureds, state funds and guaranty associations. She also provides Medicare compliance instruction for the nation's leading law firms. Ms. Smythe is a certified instructor for the CEU Institute and is a frequent lecturer at national conferences and on behalf of private and public entities including The Rand Corporation, the City/County of San Francisco, RIMS (Risk and Insurance Management Society), the California Workers' Compensation Defense Attorneys' Association (CWCDAA), REBEX, the North Carolina Association of Defense Attorneys, the Nevada Self Insured Association, the Mississippi Association for Self Insureds, National Workers' Compensation Defense Network, Council on Litigation Management (CLM), Perrin Conferences, HB Litigation Conferences and NSSTA (National Structured Settlement Trade Association). She was a 2010 faculty member on the advanced Medicare set aside certification training program offered through the University of Florida. She is also an instructor for the CMSP (Certified Medicare Secondary Payer Professional) program. Ms. Smythe is the author of "Hope on the Horizon: New Cases Challenge Medicare's Established Collection Practices Under the Medicare Secondary Payer Act," published in the Winter 2011 edition of The Defender, the quarterly publication of the North Carolina Association of Defense Attorneys. Ms. Smythe is a graduate of Meredith College, with a Bachelor of Arts degree, magna cum laude.  She graduated from the Norman Adrian Wiggins School of Law, Campbell University and was a finalist in the National Moot Court Competition where she was awarded Best Oralist. She was also a member of the National Trial team and was a quarterfinalist in the National Trial Competition. Ms. Smythe is an inductee to the Order of the Barristers and is a member of the North Carolina Bar Association, the Wake County Bar Association, the North Carolina Association of Defense Attorneys, the Council on Litigation Management (CLM) and the National Association of Medicare Set Aside Professionals (NAMSAP).

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