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The need and desire to preserve the financial integrity of governmental benefits isn’t in dispute. However, there is an overarching question as to whether the processes and procedures that have been put in place have had a chilling effect on the settlement of workers compensation and liability claims? This course will explore the areas of Medicare and Medicaid compliance in the resolution of workers compensation and liability claims.
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3/17/2015
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When:
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3/17/2015
9:00 AM
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Where:
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YCBA - CLE Room
137 E. Market St.
York, Pennsylvania 17401
United States
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Presenter:
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PBI
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Contact:
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Cheryl Kauffman
cheryl.kauffman@yorkbar.com
717-854-8755x203
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« Go to Upcoming Event List
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The need and desire to preserve the financial integrity of governmental benefits isn’t in dispute. However, there is an overarching question as to whether the processes and procedures that have been put in place have had a chilling effect on the settlement of workers compensation and liability claims? This course will explore the areas of Medicare and Medicaid compliance in the resolution of workers compensation and liability claims and offer some examples of cases where settlement was saved and settlement was lost due to concerns over governmental benefits and benefit based liens.
The course will also offer guidance on obtaining and preserving Medicare and Medicaid benefits and the use of Special Needs Trusts, Annuities and other mechanisms that may assist the parties in resolving claims that involve governmental benefits.
Review Medicare basics
- The Medicare Secondary Payer Statute (MSP)
- Medicare’s recovery rights under the MSP
- Section 111 Medicare Mandatory Insurer Reporting
- Medicare Part C and Part D recovery rights in the third circuit (and beyond)
Medicare Set-Aside update in general liability and workers’ compensation claims
- Is the workers compensation MSA process stopping settlements?
- Workers compensation MSA concerns for attorneys, Claimant’s and judges
- Are Medicare Set-Asides appropriate in general liability claims?
- Examine the role and benefit of annuities in funding Medicare Set-Asides
- Understand Medicare’s enforcement rights and actions under the MSP
Understand Medicare compliance from the plaintiff’s perspective
- Why does the defendant care?
- Is there anyone out there looking out for the plaintiff?
- What about the plaintiff’s ERISA liens?
Examine the MSP case law and latest regulations
- Workers’ compensation case law update
- General liability case law update
- MSP regulation update
Hear about current Medicaid recovery rights in PA
- Entitlement/loss of entitlement
- Medicaid recovery rights
- The use of Special Needs Trusts in personal injury claims
- The growing practice of structuring MSA’s into Special Needs Trusts
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