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, Marlene Wilson
   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, Libby Vish
   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 - 2:00, John Cattie
   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
   2:15 - 3:15, Joseph Juenger
   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, Sylvius H. von Saucken
   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

JOHN CATTIE is an attorney with Garretson Resolution Group, where he heads the future cost of care practice. In his role, Mr. Cattie counsels attorneys nationwide with respect to Medicare compliance under the Medicare Secondary Payer Act. In particular, he advises attorneys on the applicability and use of Medicare Set-aside Arrangements (“MSAs”) as a part of workers' compensation, liability and no-fault settlements. Mr. Cattie earned his B.A. degree from the University of North Carolina at Chapel Hill, and his J.D. and MBA degrees from Villanova University. He is licensed to practice law in North Carolina and South Carolina. Mr. Cattie is a member of the Mecklenburg County Bar, North Carolina Bar Association, South Carolina Bar Association and the American Bar Association. Serving as a neutral third party with respect to Medicare compliance, he is a member of AAJ, WILG, NAMSAP and DRI. Mr. Cattie also serves as a committee member of the DRI Medicare Secondary Payer Task Force.

JOSEPH JUENGER is an attorney with Garretson Resolution Group, where he currently serves as the director of the mass tort resolution program architecture. In this role, he applies a distinctive combination of skills and experience in information technology, business operations management and settlement resolution to deliver efficient closure to mass tort and class action settlements. Mr. Juenger earned his B.S. degree from Miami University. He also earned a Professional Designation in Software Applications Development from the University of California in Los Angeles, where he studied web and database design, as well as his MBA degree from Xavier University. Mr. Juenger earned his J.D. degree, magna cum laude, from the Salmon P. Chase College of Law, where he served on the editorial board of the Northern Kentucky Law Review. In 2007, the Northern Kentucky Law Review selected for publication his article entitled “In light of Ahlborn: Protecting the Recovery of Medicaid Expenditures from Personal Injury Settlements."

LIBBY VISH is an attorney with Garretson Resolution Group, where she serves as the director of mass tort compliance. In her role, she assesses new projects to assist clients in determining the appropriate scope of service, resources and materials to ensure the proper level of healthcare compliance is achieved. Ms. Vish can address all aspects of mass tort healthcare compliance. As an attorney with Garretson Resolution Group, she has extensive experience with Medicaid matters as they relate to Medicaid Recovery and works closely with the Single Event Lien Resolution Group. Ms. Vish is a member of both the Kentucky and North Carolina bar associations. She earned her B.S. and B.A. degrees from Miami University, and her J.D. degree from the Salmon P. Chase College of Law. While in law school, Ms. Vish worked for the Justice Martin Johnstone (ret.) of the Kentucky Supreme Court and the late Justice McAnulty of the Kentucky Court of Appeals.

SYLVIUS H. VON SAUCKEN is an attorney with Garretson Resolution Group, where he currently serves as its chief compliance officer. He has extensive experience in complex planning issues, drawing from a diverse background in fiduciary matters, such as estate planning, trust administration, taxation and related government benefit preservation issues. Mr. von Saucken earned his B.A. degree from Miami University and his J.D. degree from the Salmon P. Chase College of Law. In his capacity as chief compliance officer, he leads the firm's internal protocol development and training initiatives, as well as providing compliance support to the firm's Medicare Set Aside custodial group, Affiance Partners. Over the past few years, Mr. von Saucken has spoken before various state and national bar associations on a variety of topics, including Medicare Set-Asides, Qualified Settlement Funds, Medicaid lien strategies and resolution to special needs trusts, government benefit preservation strategies, and taxation of settlements. More recently, he has co-authored articles and has been a featured speaker on the “hot” topics of 2009 and 2010 – Medicare compliance in light of Section 111 of the MMSEA, the rules behind MSAs, and the myths therein.

MARLENE WILSON is a director with Garretson Resolution Group, where she leads the Medicare, Medicaid and SCHIP Extension Act (MMSEA) practice. Under her direction, Garretson Resolution Group provides clients with an efficient and secure method for providers of liability insurance (including self-insurance), no-fault insurance and workers' compensation insurance to determine the Medicare-entitlement of all claimants and report certain information about those claims to the Secretary of Health and Human Services, allowing clients to focus on case management rather than reporting compliance. Ms. Wilson started her career as a CPA and spent seven years with an international public accounting firm. She left public accounting to become the tax manager and later the director of insurance for an international manufacturing company. Ms. Wilson's next position was vice president in the insurable risk department at Bank of America. Before joining Garretson Resolution Group, she was the vice president of Risk Management for Compass Group, an $8 billion food service company with 125,000 employees in North America. Ms. Wilson earned her B.A. degree from the University of South Dakota and attended the University of Texas at Austin with a concentration in accounting. She received her Certified Public Accountancy certificate in Texas. Ms. Wilson also holds professional certification as an associate in risk management.

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