This program examines the Medicare Secondary Payer (MSP) Act and the obligations attorneys face when Medicare may have an interest in a workers’ compensation or liability settlement. The course focuses on the practical considerations involved in reporting, resolving Medicare claims, and structuring settlements to address Medicare’s potential future and conditional payment interests.

The program will cover Section 111 reporting obligations and potential civil monetary penalties, the role of workers’ compensation Medicare set-asides (WCMSAs), and the process for addressing conditional payment claims involving traditional Medicare, Medicare Advantage organizations, and Medicare Part D plans.

The discussion will also address settlement strategies designed to avoid improperly shifting medical expenses to Medicare, including the use of Medicare set-asides, and whether zero-dollar set-asides continue to be an option in certain circumstances.