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 effectively trying and settling your cases. 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. Trial and Settlement Considerations

1. Taking Medicare's Interests Into Consideration: Mandatory Insurer Reporting
   9:00 - 9:45, Michael R. Merlino II and Mark Popolizio
   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. When Does Reporting Start?
      1. Workers' Compensation
      2. Liability
   4. The Penalties for Incomplete Submissions or Non-Compliance
   5. The Effects of Reporting on the Litigants and Their Case
      1. Plaintiffs
      2. Defendants
2. Medicare Conditional Payment Subrogation Rights
   10:00 - 11:45, Michael R. Merlino II
   The governing articles of the Medicare Secondary Payer Act
   1. Payment Subrogation
   2. Entities Involved in the Process
      1. Centers for Medicare & Medicaid Services (CMS)
      2. Coordination of Benefits Contractor (COBC)
      3. Medicare Secondary Payer Recovery Contractor (MSPRC)
   3. Who is Responsible for Reimbursing Medicare?
   4. What is the Process?
   5. Recent Case Law and Statute of Limitations
   6. Practical Implications
      1. Plaintiff
      2. Defense
3. Medicare Set-Aside Allocations, Approvals, and Administration
   12:45 - 2:00, Michael R. Merlino II and Mark Popolizio
   1. History of Medicare Set-Asides
      1. Medicare Secondary Payer Act
      2. Regulations
      3. Policy
   2. The Inner Workings of MSA Approval Process (How it Really Works, or Doesn't Work)
   3. Horror Stories of the MSA Approval Process
   4. Practical Implications for Workers' Compensation
      1. Plaintiff
      2. Defense
   5. MSAs and Liability Cases
4. Maintaining an Ethical Practice
   2:15 - 3:15, David W. Hill
   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. Trial and Settlement Considerations
   3:15 - 4:30, Michael R. Merlino II
   1. Getting Your Cases Settled
      1. Plaintiff
      2. Defense
   2. Settlement Language
   3. Trial Issues (Including Special Jury Verdict Forms)

DAVID W. HILL is an attorney at Nahon, Saharovich & Trotz, PLC, where he practices in the areas of mass torts, automobile, trucking, products liability and general negligence. Mr. Hill is licensed in Mississippi, Arkansas and Tennessee. He earned his B.S. and B.A. degrees from the Tennessee Technological University, his J.D. degree from the University of Memphis School of Law, and his Master's of Education degree from Lincoln Memorial University. Mr. Hill is a member of the Tennessee Association for Justice, the Memphis Bar Association, the Tennessee Bar Association and the American Association for Justice.

MICHAEL R. MERLINO II is the director of Medicare compliance for Sedgwick Claims Management Services, Inc. (Sedgwick CMS). He is responsible for planning and leading a new Medicare compliance unit to assist Sedgwick CMS clients whose workers' compensation, general liability, and professional liability claims involve potential Medicare compliance components. Also a nationally published author on Medicare compliance, Mr. Merlino has addressed large and small business organizations and state bar associations on these subjects. He has the keen ability to explain the complex in a simple, straightforward way to those who need to understand the importance of compliance. Most recently, Mr. Merlino was published in the Illinois Trial Lawyers Association's semi-annual Trial Journal magazine. "Medicare Set-Asides and Third-Party Liability Cases, an in-depth look at best practices for today," was written with coauthor Lawrence T. Ruder (2010). He is a graduate of the University of Toledo College of Law and member of the State Bar of Georgia and New York State Bar Association. Mr. Merlino also is on the steering committee for Medicare Advocacy Recovery Coalition (marc.org), an organization that is working to revise and amend the Medicare Secondary Payer Act.

MARK POPOLIZIO is the vice president of customer relations for NuQuest/Bridge Pointe. Prior to joining NuQuest/Bridge Pointe, he practiced law for 10 years, concentrating in the areas of workers' compensation defense and insurance defense litigation. Mr. Popolizio developed a national Medicare practice that included Medicare Set Asides and general compliance with the Medicare Secondary Payer Statute. While in private practice, he represented numerous carriers, 3rd party administrators and self insureds. In addition to Mr. Popolizio’s workers’ compensation and Medicare practices, he served as the executive director of the Negotiated Workers' Compensation Insurance Program (NWCIP), which is an alternative dispute resolution system under the Florida workers' compensation act. He served as vice president of the National Alliance of Medicare Set-Aside Professionals (NAMSAP) from 2006-2008 and remains active with NAMSAP, concentrating on education and legislative matters. Mr. Popolizio was also a featured instructor on Medicare and Life Care Planning issues with the former University of Florida/Medipro LLC programs. Over the past several years and currently, he has been a featured presenter at numerous seminars and other industry events across the country. Mr. Popolizio’s presentations have included Medicare Basics, Medicare Set-Asides, Medicare Conditional Payments, Medicare Part D (prescription drugs), and Section 111 of the Medicare, Medicaid & SCHIP Extension Act. He has also authored numerous articles addressing several topics related to Medicare Secondary Payer compliance issues. Mr. Popolizio is currently involved in legislative efforts in Congress regarding the Medicare Secondary Payer Enhancement Act (H.R. 4796). He earned his J.D. degree from Nova Southeastern University School of Law and his B.S. degree from Quinnipiac University. Mr. Popolizio is admitted to practice in Florida and Connecticut.

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