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
   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
   9:00 - 10:00, Timothy Doherty
   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
   The governing articles of the Medicare Secondary Payer Act
   10:00 - 10:30 and 10:45 - 11:15, Christopher J. Poulin
   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
   11:15 - 12:00 and 1:00 - 2:00, Timothy Doherty and Elizabeth Hurley
   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
   2:00 - 3:00, Christopher J. Poulin and Elizabeth Hurley
   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, James M. Early
   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
      

TIMOTHY DOHERTY is with Sedgwick Claim Management Services Inc., and has over 25 years of property casualty claims experience specializing in workers' compensation. He provides oversight on large loss claims including catastrophic claim management and serves as a resource between the claims professional, the account, carrier partner and broker. Mr. Doherty also provides training in settlement negotiation strategy, structured settlements and Medicare. He is currently involved in the implementation of the Mandatory Medicare Reporting requirements under section 111 of S.2499. Mr. Doherty has discussed this topic at several industry seminars including National RIMS conferences, USLAW Network Client Conference, North Carolina Association of Self-Insurers, National Business Institute Regional RIMS conferences, and various industry magazines and internet radio programs. He also provides oversight on the SRS Medicare requirements on workers' compensation claims as well as their structured settlement program.

JAMES M. EARLY, CSSC, is the senior vice president and Eastern regional director of Ringler Associates. He is a graduate of the University of Wisconsin-Milwaukee. After service as an Armor Officer in the U.S. Army, he began his insurance career as a Claim Representative with the Insurance Company of North America in Milwaukee, Wisconsin, in 1976. He served with INA (later CIGNA) in a number of claim capacities, returning to his native New England as manager of the Providence office and as a unit manager in Boston. In 1984 he joined the Providence-Washington Insurance Company as the assistant regional claims manager before entering the structured settlement field in 1985. In 1996 he earned his certification as a Certified Structured Settlement Consultant. Since 1985, Mr. Early has arranged for over 5000 structured settlements in all 50 states in personal injury and similar type claim settlements, many including complex trust, Medicare and Medicaid issues, mass torts, catastrophic injury and environmental claims. He is a frequent presenter for both the insurance and legal field seminars.

ELIZABETH HURLEY is an attorney with the law firm of Getman, Schulthess & Steere, P.A., where her main areas of practice include construction defects and injury defense, government immunity and liability, fire and explosions, and general insurance defense. Ms. Hurley earned her B.A. degree from the University of New Hampshire and her J.D. degree from the University of Richmond. Prior to transitioning to civil litigation in New Hampshire, she was a prosecutor in Tucson, Arizona. Ms. Hurley is a member of the New Hampshire and Manchester bar associations and is vice president of the New Hampshire Chapter of the Tri-State Defense Lawyers Association.

CHRISTOPHER J. POULIN is an attorney in the law firm of Getman, Schulthess & Steere, P.A., where his main area of practice includes insurance defense. He has lectured extensively in his area of practice. Mr. Poulin earned his B.A. degree from Bates College, his M.B.A. degree from Babson College and his J.D. degree from the Massachusetts School of Law. He is a member of the New Hampshire and Massachusetts bar associations. He also is past New Hampshire president and past chair of the Tri-State Defense Lawyers Association and New Hampshire DRI State Representative Elect.

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