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:   

* denotes specialty credits

1. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
   9:00 - 10:15, Dennis J. Christensen
   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, 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
3. Medicare Set-Aside Allocations, Approvals, and Administration
   12:45 - 2:15, 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
4. Maintaining an Ethical Practice
   2:30 - 3:30, Rhett D. Klok
   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, Dennis J. Christensen
   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

DENNIS J. CHRISTENSEN is an attorney in Charleston, South Carolina, where he began his practice focusing in the area of elder law, estate-planning, disability planning, special needs trusts, and in some cases, all of the specific concerns that come up when a client develops Alzheimer's disease. Eventually his practice expanded to working with families with disabled children, making sure that they were taken care of throughout their lives, even when their parents passed away. Joining the PFL program provided a framework for Mr. Christensen to expand his practice still further, working with young families with healthy children, making sure they are protected in the event of the parents' death and, through the Kid's Protection Plan, taken care of in the manner consistent with the parents values and wishes. The PFL's Priceless Conversation provided him the opportunity to allow his clients to pass on family wealth of all types, not just financial. Mr. Christensen is a current member of the National Academy of Elder Lawyers (NAELA) and a former member of its Board of Directors. He is a founding member of the Special Needs Alliance, an organization of lawyers who work together to provide legal, financial, and counseling assistance to persons with disabilities, and is a founding member and former president of the Coastal Alzheimer's Chapter for South Carolina. Mr. Christensen was appointed by the governor of South Carolina to the Governor's Commission on Advanced Directives. He is a past board member and vice president of Palmetto Pathways Homes, a non-profit organization dedicated to caring for people suffering from paranoid schizophrenia in the community instead of mental institutions. Mr. Christensen is a frequent lecturer to the public and lawyers on issues related to his practice and has a call in radio show on WTMA in Charleston on issues related to estate planning. Mr. Christensen earned his undergraduate degree from Michigan State University and his J.D. degree from Marquette University School of Law.

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 Consultant Certified. Mr. Hayes was included in Best Lawyers in America for workers' compensation law in 2010 and 2011. He is author of the article "2007 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.

RHETT D. KLOK is a partner with Klok Law Firm LLC, where he represents individuals in crisis. His practice includes products liability, injury, qui tam/whistleblower, domestic and family law cases. As a U.S. citizen raised in Mexico City, Mr. Klok is not only bilingual, but has a multicultural worldview that has served him well when representing the diverse needs of plaintiffs. He possesses an interdisciplinary background and has the flexibility and know-how to successfully tackle a client's problems. Mr. Klok's hands on approach, along with pursuing each case through an interdisciplinary approach, has served his clients well throughout the years. Prior to founding the Klok Law Firm LLC, he worked on complex litigation. Mr. Klok will be an adjunct professor at the Charleston School of Law for the summer of 2011 teaching entertainment law. He has litigated cases involving railroad crossings, medical prescription errors, nursing homes, medical devices, medical malpractice and pharmaceuticals. Mr. Klok also has litigated cases involving aviation, asbestos, tobacco and vehicle and tire defects. He has served as vice chair of the American Association for Justice's Preemption Law Litigation Group. He also is a regular speaker at legal seminars on a variety of topics such as settlement, litigating personal injury cases, and preemption. Mr. Klok is a volunteer Guardian Ad Litem. In addition, he negotiates with loan services on behalf of homeowners in financial crisis to help them keep their homes through loan modifications and refinancing at no charge to homeowners. He is licensed in South Carolina, Louisiana, Texas, New Mexico and the District of Columbia. Mr. Klok is admitted to practice before the U.S. Court of Appeals (10th Circuit), and the U.S. District Court (District of South Carolina, District of Colorado, Eastern and Western districts of Louisiana, District of New Mexico and the Eastern District of Texas). He earned his B.A. degree, cum laude, from Tulane University and his J.D. degree from Loyola University School 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.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com