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Price: $55
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  • Description
    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.
  • Instructor Bio

    Richard Fogel

    Attorney Richard A. Fogel received his Masters of Science Degree in marine environmental sciences from the State University of New York at Stony Brook in 1982; Bachelor of Science in Marine Sciences from Southanpton College (LIU) in 1980; and his Juris Doctorate from Fordham University School of Law, in 1987. He is licensed to practice law in New York and New Jersey, and admitted to practice before the United States Supreme Court.

    Mr. Fogel has written and published many articles in law journals and magazines on topics such as risk management, environmental claims (as they relate to insurance coverage), lead paint, and case settlement and negotiation strategies. In addition, he has lectured extensively on insurance coverage issues, toxic torts, and risk management issues.

    Mr. Fogel is a adjunct professor at Nassau Community College teaching Business Law and Litigation. He is a nominated member and instructor for the Claims & Litigation Management Alliance teaching various state approved Continuing Education courses on legal topics to licensed insurance professionals. He is also a "Bests Recommended Insurance Counsel" and rated "AV" for ethical standards and legal ability by LexisNexis/Martindale Hubbell.