Eliminating/Minimizing Complex Liens in Personal Injury Cases

Agenda / Content Covered

1. Minimizing ERISA Liens on Personal Injury Settlements
   10:00 — 10:45, Brad Kolling
   1. Synopsis of Case Law
   2. Defenses and Reduction Strategies
   3. Deeper Dive Into Common Fund and Make Whole Doctrines
   4. Carefully Analyzing Plan/Contract Language
   5. Tips and Tactics for Negotiating With Recovery Agents
2. Medicare Secondary Payer Updates and Medicare Lien Best Practices
   10:45 — 11:30, Annie Davidson
   1. CMS Updates, Including the PAID Act
   2. Conditional Payment Negotiation and Resolution 2022
   3. Tips for Working With the BCRC or CRC
   4. Navigating the Latest Version of the MSPRP
   5. Medicare Advantage Plan Liens
   6. MSP Case Law Update
   7. Settlement Agreement Best Practices
3. Medicare Set-Asides 2022
   11:45 — 12:15, Annie Davidson
   1. Liability MSA Update and CMS Proposed Rulemaking
   2. Dealing With Areas of Uncertainty
   3. MSA Best Practices From Submission to Administration
   4. CMS' Latest WCMSA Reference Guide
4. Medicaid Lien Resolution Insights
   12:15 — 12:45, Annie Davidson
   1. Medicaid Rights of Recovery: History, Changes, and Where We're at Now
   2. Pointers for Working With Your State's Medicaid Agency
   3. Negotiating and Reducing Medicaid Liens
   4. Case Law Review and Recent Recovery Efforts
5. UM/UIM Coverage, Liens, and Reductions/Setoffs
   12:45 — 1:30, Robert Kasieta
   1. Navigating the Complexities of UM/UIM Coverage and Claims
   2. Handling Subrogation, Rights of Reimbursement, and Liens in UM/UIM Cases
   3. When is a UM/UIM Insurer Entitled to a Set Off?
   4. Workers' Compensation, Social Security Benefits, and Personal Injury Settlements
   5. UIM Carrier Subrogation Against at-Fault Drivers
6. Handling VA/Tricare/Military Liens
   2:00 — 2:30, Robert Kasieta
7. Navigating Workers' Compensation, FEHBA, and Other Liens
   2:30 — 3:15, Brad Kolling
   1. Workers' Compensation Liens (Federal and State)
   2. FEHBA
   3. Blue Cross Blue Shield Liens
   4. Health Plans for State Employees
   5. Other
8. Practical Strategies for Negotiating With Difficult Lienholders
   3:30 — 4:00, Brad Kolling
9. Legal Ethics
   4:00 — 5:00, Robert Kasieta
   1. Ethical and Contractual Duties to Address Liens
   2. Competing Obligations to Clients and Third-Party Lienholders
   3. Keeping Clients Informed and Managing Expectations
   4. Attorneys' Fees
   5. Client Trust Accounts
   6. Preserving Confidentiality
   7. Supervising Non-Attorney Work

Accreditation Details:

ANNIE M. DAVIDSON is senior MSP compliance counsel and policy strategist for ExamWorks Compliance Solutions. She has comprehensive experience in the areas of Medicare and Medicaid Secondary Payer Act compliance in liability, no-fault, and workers' compensation matters. Ms. Davidson provides high-quality legal analysis to ensure the integrity and quality of ExamWorks Compliance Solutions' Medicare secondary payer compliance services and related products. Additionally, she is a nationally recognized expert on MSP issues who presents regularly at local and national conferences. Ms. Davidson is admitted to practice law in the state of Minnesota and the United States District Court for Minnesota. Prior to her work with ExamWorks Compliance Solution, she practiced as an insurance defense litigator with a Minneapolis law firm. In that position, Ms. Davidson gained significant experience handling workers' compensation, liability, and no-fault cases, and coordinated the firm's practice and policies for handling Medicare requirements. She is a member of the Minnesota State Bar Association, Minnesota Women Lawyers, the National Alliance of Medicare Set-Aside Professionals, and the American Bar Association. Ms. Davidson earned her B.A. degree from the University of Minnesota, Twin Cities; and her J.D. degree, cum laude, from William Mitchell College of Law.

ROBERT J. KASIETA is the founder of Kasieta Legal Group, LLC, in Madison, Wisconsin. He is a certified civil pretrial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law, and insurance law; and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the 11th Circuit, U.S. Court of Appeals for the 7th Circuit, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin, and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.

BRAD KOLLING is a litigation attorney with Felhaber Larson. He practices in the areas of workers' compensation; employee benefits law; intervention and subrogation; labor and employment; alternative dispute resolutions; and railroad litigation, including FELA claims. He is an experienced litigator in all aspects of litigation, including trials, administrative hearings and appeals. Mr. Kolling is a qualified neutral and assists litigants in alternative dispute resolution, with a focus on workers' compensation mediation. He is a qualified facilitative/hybrid neutral (mediation) pursuant to Rule 114 of the Minnesota Rules of General Practice for the District Courts, a qualified civil adjudicative/evaluative neutral (arbitrator) pursuant to Rule 114 of the Minnesota Rules of General Practice for the District courts, and has received advanced training in the art of trial skills at the National Institute for Trial Advocacy (NITA) National Session Program. Mr. Kolling is a member of the Anoka County, Hennepin County, and the Minnesota State bar associations; and the Minnesota Defense Lawyers Association. He earned his B.A. and B.S. degrees, cum laude, from the University of North Dakota; and his J.D. degree, with distinction, from the University of North Dakota School of Law.