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 - 10:30, Paul K. Isaac
   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 - The Contextual Background of the Act
   1. Which Entities are Required to Report to the Government
   2. What Information is Necessary for Reporting and Where to Find Help
   3. Expediting the Process: Navigating the Revised MSPRC Website
   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
   10:45 - 12:00, J. Michael 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
   6. Recent Case Law Update: U.S. v. Stricker, U.S. v. Harris, and Merrifield v. U.S.
3. Medicare Set-Aside Allocations, Approvals, and Administration
   1:00 - 2:15, Paul K. Isaac
   1. Medicare Set Aside (MSA) Allocations
   2. Medicare Secondary Payer Act and CMS Memorandums as Applied to MSAs
   3. MSA Approval Process
   4. MSA Administration
   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, J. Michael Hayes
   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
   3:30 - 4:30, Edward V. Wilcenski
   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

J. MICHAEL HAYES has been in private practice in Buffalo since his admission to the Bar in 1977. He attended the University of Notre Dame and SUNY at Brockport, graduating summa cum laude. Mr. Hayes earned his J.D. degree from the University of Buffalo Law School and earned an award for excellence in the senior trial technique course. He is currently an adjunct professor at the University of Buffalo Law School where he teaches a course on motor vehicle accidents. Mr. Hayes is a board-certified Civil Trial Specialist by the National Board of Trial Advocates and has spent his entire legal career representing and helping victims of accidents. He negotiates and takes to trial, where necessary, their personal injury claims against insurance companies. Mr. Hayes in a frequent lecturer and author in his areas of expertise. He is a charter member of the Buffalo Chapter of the American Board of Trial Advocates and is president of the Inns of Court, Buffalo Chapter. Mr. Hayes is also a member and is on the board of directors for the New York State Trial Lawyers Association, Western District of New York, and the New York State Trial Academy.  He is a member of the Association of Trial Lawyers of America, and is listed in The Bar Register of Preeminent Lawyers, Who's Who in America and Who's Who in American Law.

PAUL K. ISAAC is presently the East Coast representative of Settlement Professionals, Incorporated. During his time as a practicing attorney, Mr. Isaac helped several clients obtain large settlements and favorable verdicts. In addition to assisting plaintiffs with handling settlements from all types of personal injury lawsuits, Mr. Isaac is experienced in handling the intricacies of complicated life care cases in which Medicaid and Medicare benefits must be preserved. He is also experienced in negotiating liens associated with personal injury cases. A strategic life planner, Mr. Isaac's years of experience allow him to anticipate a plaintiff's long-term financial needs. Mr. Isaac also holds a life and health insurance license as well as securities licenses in Series 6, 63, 65, and 7. He is a member of the Society of Settlement Professionals, the Million Dollar Advocates Forum, the American Association of Justice (formerly ATLA), the New York State Trial Lawyers Association, the National Association of Medicare Set-Aside Planners, the New York State Bar Association, the Erie County Bar Association, and the New York State Academy of Trial Lawyers. He received both his undergraduate and law degrees from Duquesne University in Pittsburgh, Pennsylvania

EDWARD V. WILCENSKI is a co-owner and co-manager of the law firm of Jones Wilcenski & Pleat PLLC, where he practices in the areas of special needs estate planning, trust and estate administration, and elder law and long term care planning. Mr. Wilcenski is past Vice Chair of the Medicaid Committee of the New York State Bar Association's Elder Law Section. He is a Trustee of the NYSARC (formerly the New York State Association for Retarded Children) Pooled Trust, serves as a Trustee of the Wildwood Programs Third Party Pooled Supplemental Needs Trust, and serves on the Board of Directors of the Living Resources Home Health Agency, an organization which provides home care services for the elderly and disabled. In 2009, he received the Marie Ivancich Award from the Brain Injury Association of New York State for professional commitment to the organization's mission of advocacy for individuals living with brain injuries. His professional affiliations include membership in the National Academy of Elder Law Attorneys, the New York State Bar Association Elder Law Section, and its Committee on Issues Affecting Persons Under a Disability. He is a member and past President of the Special Needs Alliance, an invitation-only, national network of leading disability attorneys who practice in the areas of Special Needs Trusts and public benefits. The Alliance provides support for individuals with disabilities and their families, for attorneys involved in personal injury and medical malpractice litigation, and for Trustees of Special Needs Trusts. He is a contributing author to various publications of the New York State Bar Association, including Representing People with Disabilities, and Planning for Incapacity, and Guardianship Practice in New York State, and has co-authored a quarterly article entitled "Regulation News" for the NYS Bar Association Elder Law Section Newsletter.

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