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, Brandolyn Felton
   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 - 12:00, Brandolyn Felton
   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
   1:00 - 2:15, Brandolyn Felton
   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, Brandolyn Felton
   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, Brandolyn Felton
   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

BRANDOLYN FELTON is Assistant Attorney General at the WV State Workers Compensation Defense Division in Charleston where she practices in the area of workers' compensation. She represents the West Virginia offices of the insurance commissioner in litigation of old fund claims; which are defined by statute as being work-related injuries or diseases with a date of injury or date of last exposure on or prior to July 1, 2005. In the litigation of these claims, she handles issues regarding compensability of claims, treatment, temporary total disability benefits, permanent partial disability benefits, permanent total disability benefits and occupational pneumoconiosis claims appearing before the Workers' Compensation Office of Judges, the Workers' Compensation Board of Review and the West Virginia Supreme Court of Appeals. In April 2009, Ms. Felton became the first person in the state of West Virginia to earn the designation of Medicare Set-Aside Consultant Certified (MSCC) from the International Commission on Health Care Certification (ICHCC). The MSCC designation is designed to identify those professionals who work within the Workers' Compensation benefit system who have achieved specific, pre-approved training in Medicare Set-Aside trust agreements, and have demonstrated a breath of knowledge regarding the development and application of the Medicare Set-Aside trust agreement process. Her expertise not only extends to considering Medicare's interests in Workers' Compensation cases, but also extends to considering Medicare's interests in liability cases as well. Ms. Felton is also a certified mediator through the West Virginia State Bar, and has participated in many mediations. Currently, she is on the West Virginia State Bar list to serve as both a paid and volunteer mediator. Ms. Felton graduated from Georgia State University, cum laude, earning two B.A. degrees. She subsequently earned her J.D. degree from West Virginia University College of Law. She is licensed to practice law before the state courts at all levels in West Virginia. She has also been sworn in to practice in the United States District Court for the Southern District of West Virginia. Ms. Felton is a member of the West Virginia State Bar, the Mountain State Bar Association and the American Bar Association. She has done quite a bit of public speaking on workers' compensation and benefits issues, as well as participated in panel discussions.

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