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 Medicare Secondary Payer Statute.
The course topics will include:
Medicare basics
The Medicare Secondary Payer Statute
Medicare’s recovery rights under the Medicare Secondary Payer Statute
The Medicare Medicaid and SCHIP Extension Act of 2007 (Including the $1,000 per day per claim penalty provision)
Medicare Set-Aside basics in General Liability and Workers Compensation claims (Including sample Medicare Set-Aside approval letters in general liability claims)
The role and benefit of annuities in funding Medicare Set-Asides
Medicare’s enforcement rights and actions under the MSP
The emergence of MSP Case Law (Including Stricker, Harris, Zaleppa, Bradley and Big R Towing)
Medicare Compliance from The Plaintiff’s perspective
Medicaid and ERISA compliance primer
A view from the mediators chair and Medicare issues in litigation
