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

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

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 - 10:15, Robert T. Panowicz
   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
   10:30 - 11:30, Joseph P. Stanley
   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
   11:30 - 12:00 and 1:00 - 2:00, James Pocius
   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, Lesley M. Mehalick, Robert T. Panowicz, James E. Pocius and Joseph P. Stanley
   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, Lesley M. Mehalick
   1. An Overview of Public Benefits
   2. The Three Types of Special Needs Trusts
   3. Alternate Ways to Protect Settlement Monies
   4. How an MSA Coordinates with SNT
   5. SNT Administration

LESLEY M. MEHALICK is a shareholder of McAndrews Law Offices, and the supervising partner for Estate Planning and Estate Administration matters. Ms. Mehalick concentrates her practice in the areas of estate and tax planning, special needs and disability planning, guardianships, special needs trusts, estate administration and elder law planning. She regularly assists families in navigating through special needs planning, whether a young child, adult or elder family member is involved. These efforts include qualifying clients for public benefits, preparing special needs trusts, bringing guardianship proceedings and carefully crafting an estate plan that will maintain a disabled family member's eligibility for essential public benefits. Ms. Mehalick is experienced in preparing both straightforward estate plans and more elaborate estate plans aimed at reducing estate and gift tax implications. She utilizes sophisticated techniques to best effectuate the transfer of wealth from one generation to another, in a way that will minimize tax ramifications, but also achieve the clients' personal family goals. Ms. Mehalick regularly appears in Orphans' Court and is a frequent lecturer to both attorneys and families on these topics. She is a graduate of Pennsylvania State University and earned her J.D. degree from the George Washington University Law School, where she served as the Executive Articles Editor on the American Intellectual Property Law Association Quarterly Journal, was a student attorney in the Domestic Violence Litigation Clinic, and interned for the United States Department of Education. Ms. Mehalick also holds an LL.M. degree from Villanova University School of Law. She is an active member of the Pennsylvania, Virginia and Maryland State bar associations, and practices in the three states as well. Ms. Mehalick is a member of the Philadelphia Estate Planning Council and is an active volunteer for the Wills For Heroes program through the Pennsylvania Bar Association.

ROBERT T. PANOWICZ is the owner of Panowicz Law Office in Wilkes-Barre, where he focuses his practice in all aspects of civil litigation. Mr. Panowicz has more than 30 years of experience litigating cases such as auto accidents, slip and fall, product liability, workers' compensation and various others. He has tried cases in state and federal courts and has argued appeals in all Pennsylvania courts. Mr. Panowicz was previously an adjunct professor at Kings College, where he has lectured on government and politics, and also taught the civil litigation paralegal program. Mr. Panowicz earned his B.A. degree, magna cum laude, from Kings College and his J.D. degree, cum laude, from Temple University School of Law. He is a member of the Pennsylvania Trial Lawyers Association and the Pennsylvania Defense Institute.

JAMES E. POCIUS is a shareholder in the law firm of Marshall, Dennehey, Warner, Coleman and Goggin, where he is the chairman of the Medicare Set-Aside Practice Group. Mr. Pocius acts as national Medicare counsel for several clients and has obtained over 1,000 Medicare Set-Aside Approvals. Most of his practice now concerns Medicare issues in both liability and workers' compensation cases. Mr. Pocius has maintained a national Medicare practice since 2011, when he negotiated the Medicare set-aside guidelines with CMS. He earned his B.A. degree, with honors, from Pennsylvania State University and his J.D. degree from Duquesne University School of Law. Mr. Pocius is a former instructor in Pennsylvania workers' compensation law at Marywood College. He is a frequent lecturer and author on his areas of practice and has been named a Pennsylvania "Super Lawyer" for 2006 and 2009 in the area of Workers' Compensation. Mr. Pocius is a member of the Lackawanna County, Pennsylvania (Member, Vice Chair of the Workers' Compensation Committee) and American bar associations, as well as the Pennsylvania Defense Institute and the National Council of Self Insurers.

JOSEPH P. STANLEY is a partner in the law firm of The Stanley Law Offices, where his practice focuses on trials in all types of personal injury cases including car crashes, construction accidents and slips and falls. Mr. Stanley is an advocate for the injured who has litigated cases involving car accidents, medical malpractice, product failure, construction site injuries, and more. His reputation as a meticulous litigator with a history of success is matched by his ability to connect with his clients personally while fighting for their compensation. Mr. Stanley is admitted to practice in New York, Florida, Pennsylvania and the U.S. District Court Northern District of New York. He is a member of the New York State and the Onondaga County bar associations, the American Association for Justice, the New York State Trial Lawyers Association and the New York State Academy of Trial Lawyers. Mr. Stanley is board certified in civil trial practice by the American Board of Trial Advocacy. He earned his B.S. degree from the College of Environmental Sciences & Forestry and his J.D. degree, summa cum laude, from the Syracuse University College of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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Phone: 866-240-1890

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