This CLE will outline how the Medicare Secondary Payer Act (MSP) impacts the attorney’s ability to successfully negotiate settlement of a liability claim. Failure to properly account for Medicare’s interests in a settlement can have long-lasting impacts on both plaintiffs and defendants. This CLE will point out pit-falls and potential complications imposed by the MSP statute that can derail settlement negotiations. And the CLE will provide guidance on how to avoid these pitfalls and reach a successful resolution of the claim.
Principles
- Future Medical Allocations: When do you need them?
- Determine Medicare A/B /C and D Conditional Payment amounts
- What is the PAID Act and how does it impact my settlement?
- Anticiapted new rules impacting MSP compliance
Syllabus
- Introduction to the MSP Statute
- Statutory Requirements
- Determining when the MSP applies to your case
- Future Medical Allocations
- When do you need one?
- What types of medical care or treatment must be accounted for?
- How are the funds administered?
- What happens to the funds at the death of the Beneficiary?
- Medicare Conditional Payment Amount
- Medicare A/B conditional payment searches
- BCRC vs CRC claims
- How the PAID act impacts conditional payment searches
- Medicare Advantage plan conditional payment searches
- Medicare Part D plan conditional payment searches
- Disputes/Appeals/Compromise/Waiver requests
- Medicare A/B conditional payment searches
- Practice Tips
Instructor
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