Medicare Lien Issues for Insurance Defense Counsel

Accreditation Wreath Icon AL
All Courses Available iOS/Android Web

All Courses Available iOS/Android Web

About This Course

The 2007 amendment to the Medicare Secondary Payer Statute 42 USC 1395y(b)(2), also known as MSP, stands in direct conflict of several state laws. The amendment serves to enable Medicare to recover funds from liability lawsuits, regardless of the damages determined by a settlement agreement. Under this amendment, Medicare may recover funds from the plaintiff’s law firm, or the defendant’s insurer or law firm, even if the plaintiff has already been paid. Moreover, the amendment established that the parties and the insurer must formally determine the Medicare lien, ensure the lien is paid, and protect Medicare’s future interests. This CLE course will explain the amended law and the way state and federal nation-wide have addressed competing issues, and balance the interest in encouraging settlements with those of Medicare and the defendant’s advantage in satisfying them. The course will also raise a potential method for protecting the insurer and counsel without discouraging settlement.
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