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The New Medicare Insurer Reporting Rules
The New Medicare Insurer Reporting Rules

The New Medicare Insurer Reporting Rules:
How they Will (or Will Not) Affect Your PI Cases

For the Personal Injury Attorney and Guardian Ad Litem
Hosted by RobinYoung & Company and Garretson Firm

acenar_smDate: Wednesday, June 9, 2010
CLE Luncheon: Noon – 2:00 P.M.
Venue: Acenar Restaurant
Address: 146 E. Houston, San Antonio, TX 78205


Program Summary:

In cases involving Medicare beneficiaries, there are some defense firms, insurance providers and new MSAInvitation-Flyer-sm2 consultant firms claiming that Centers for Medicare and Medicaid Services (CMC) requires Medicare Set Asides Arrangements (MSAs) in liability cases pursuant to Section 111 reporting requirements included in the Medicare, Medicaid & SCHIP Act of 2007 (MMSEA), Public Law No. 1110-173.  This is not altogether correct.In our continued effort to best serve our clients, we have followed this matter with CMS and the MMSEA passage. The confusing messages circulating the new Medicare Reporting Rules have contributed to additional delays and roadblocks for plaintiff attorneys settling personal injury cases.  As a result of this HOT topic, (and hopefully to dispel some “urban legend” along the way), we are pleased to host this 2-hour informative CLE seminar, specifically designed for the PI attorney and guardian ad litem.Our special program will focus on these new Medicare insurer reporting requirements of the MMSEA, as well as addressing the issues and challenges of the Medicare Secondary Payer Statute and its impact on workers’ compensation and liability settlements. The discussion provides what these new requirements ‘really’ mean, and the correct relevance and use of Medicare Set Aside Arrangements (MSAs).
Program topics also include:
  • Preparing for the mediation process and avoiding the surprises and road blocks of unresolved liens.
  • Starting early and enhancing your client’s intake form to proactively gather more than 50 essential data points that the defense will be required to report to Medicare at the time of settlement.
  • Preparing at settlement to stipulate to the aforementioned data points, especially with respect to the defendant’s reporting of the injury description.
  • Ensuring that your firm has a centralized and uniform approach to investigating lien resolution strategies as soon as possible after retaining a client.
  • Learn to be proactive about identifying and addressing the complex, often interrelated issues regarding competing claims for a “share” of your client’s recovery.

Program Presenters:

Judge_ParrotJudge Alice Oliver Parrott
Mediator and Arbitrator

Judge Alice Oliver-Parrott has enjoyed a distinguished career as a trial lawyer, trial judge, Chief Justice of the First Court of Appeals, and now, as a mediator and arbitrator. Judge Oliver-Parrott is accomplished in resolving virtually all types of commercial and general civil litigation matters, including class actions and complex cases involving international contracts. Consistently, listed in Best Lawyers in America and as a Texas Monthly “Super Lawyer”, Judge Oliver-Parrott has been recognized as the Outstanding Civil Trial Judge by the Texas Civil Trial Specialist Association, the Texas Trial Lawyer of the Year by the Texas Chapters of the American Board of Trial Advocates, and the Outstanding Young Lawyer of Texas by the State Bar of Texas.

Judge Oliver-Parrott has been a mediator and arbitrator since 1996 and has successfully resolved hundreds of diverse disputes including antitrust, construction contracts and practices, insurance coverage, intellectual property, oil and gas and energy, securities, mass torts and individual personal injuries, eminent domain, labor/management disputes, and international business.

Matt_GarretsonMatthew L. Garretson
Attorney at Law, President / CEO

Matt Garretson is the founding partner of The Garretson Firm Resolution Group, which provides mass tort/class action settlement allocation and fund administration services. The firm also handles Medicare/Medicaid reimbursement claims, government benefit strategies, and probate administration for individual and mass tort plaintiffs. Garretson is a frequent speaker at Continuing Legal Education seminars about lawyers’ professional responsibilities – including liens and reimbursement claims – in individual and mass tort settlements. He has spoken on these issues at over 100 seminars sponsored by numerous state trial lawyer and state bar associations, The America Bar Association, The American Association for Justice, Texas Trial Lawyer Association and other organizations.

Garretson is the author of a legal text book published by West Publishing entitled “Negotiating and Settling Tort Cases”. He has authored several articles regarding professional responsibility in individual and mass tort settlements that have been published in many national, state as well as international publications. In 2005, Loyola University Journal of Public Interest Law published an article he authored entitled “A Practical Approach to Avoiding Conflicts of Interest in Aggregate Settlements.

Garretson received his BA from Yale University and his law degree at Kentucky’s Salmon P. Chase College of Law. Garretson has served as adjunct professor at Salmon P. Chase College of Law, where he teaches law practice management and emphasizes how to avoid professional liability claims. He serves as the special master and/or administrator of settlement funds throughout the country in many product liability, civil rights and church-related sexual abuse matters. His role in numerous high profile church-related sexual abuse and civil rights settlements (including the historic Cincinnati police brutality/racial profiling settlement) led to his selection by Lawyers Weekly as 1 of 5 “Lawyers of the Year” in Ohio for 2003. Garretson was nominated by his peers and selected as an Ohio Super Lawyer – Rising Star in 2005 and 2006. His work was featured in the LA Times in January 2005.

Tate_JohnsonTate G. Johnson
Attorney at Law, Director of Business Development

Tate Johnson joined The Garretson Firm Resolution Group in 2008, and is responsible for all aspects of business development. He works with current and prospective clients in both Mass Tort and Single Event arenas. Johnson can address all aspects of healthcare compliance and provide a customized solution that makes sense for plaintiff counsel and their clients. Johnson works closely with the Marketing Leader to ensure current and prospective clients are aware of the firm’s broad service offering.

Johnson graduated with a degree in Finance from The Ohio State University in 2000. He began his career as an auditor and business consultant for two multi-national corporations, before joining his family’s security business in Cincinnati. Johnson attended law school in Rhode Island, graduating cum laude from Roger Williams University School of Law in 2008.

Robin_YoungRobin Young-Ellis, CSSC
Structured Settlements

Robin Young-Ellis, CSSC, MSSC, founded RobinYoung & Company, Inc. in 1996, an independent brokerage firm specializing in structured settlements and funding agreements. Young is dedicated to the plaintiff and plaintiff’s family, personal injury attorney and their legal team, offering injury victims a unique brand of personal attention and financial assistance at a critical juncture on their road to recovery. With over thirteen years experience as a structured settlement professional, Young is a passionate advocate for injury victims’ rights, emphasizing hands-on attention – she believes in getting to know the clients and their unique situations – the kind of strategic thinking that takes years of experience to hone.

Program Pricing:

Complementary CLE Luncheon.  Seating is limited.

CLE Credit Hours:

This Program is approved by the State Bar of Texas of Accreditation of CLE — Ethics: 2.00 Hours.  Registrants will receive a Certificate of Attendance that will meet credit requirements in Texas jurisdictions.


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