The Medicare Secondary Payer Statute (MSP) provides Medicare with the statutory right to remain a secondary payer where a primary payer exists for claim related Medicare-covered medical treatment. A primary payer is defined by Medicare as a liability, no fault, self-insured or workers' compensation insurance plan. The obligation to assume primary payment responsibility under the statute occurs upon the settlement, judgment or award of an action against a defined primary plan regardless of an admission of liability. To protect all of the parties to an action in the resolution of a civil claim, it is important that the parties be aware of Medicare's defined areas of Medicare compliance and Medicare's recovery rights under the MSP.

Our experienced panelists detail the Medicare compliance areas of the Medicare Medicaid and SCHIP Extension Act of 2007 ("2007 Extension Act"), Medicare's subrogation (lien) interests and the need or potential need for Medicare Set-Asides in workers' compensation and general liability claims. They also detail Medicare's enforcement mechanisms for non-compliance with the MSP that can include a loss of Medicare benefits to the Plaintiff, a recovery action initiated by Medicare or the Plaintiff to protect Medicare's rights (including the potential for double damages) and the potential for a punitive penalty against a primary payer of $1,000 per day per claim in Medicare non-compliance as of July 1, 2009.

The course is intended for all attorneys who are involved in the litigation or settlement of civil claims, including general liability and workers' compensation claims.