Medicare & Medicaid in Personal Injury Settlements: Liens, Reimbursement, Set-Asides, and Compliance a Practical Guide for Plaintiff and Defense Counsel

John V. Cattie
Brett Newman
Paul Pasche
John V. Cattie | Cattie & Gonzalez, PLLC
Brett Newman | Newman Settlement Services Group, LLC
Paul Pasche | Inman, Fitzgibbons, Murdock & Kosoff, Ltd
Live Video-Broadcast: March 25, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

What Will You Learn

Attendees will learn the foundational legal framework of the Medicare Secondary Payer (MSP) Act and its impact on claimants, attorneys, and insurers in injury and workers’ compensation settlements. They will understand CMS recovery rights, the Medicare lien process, and how to dispute, reduce, or compromise liens. The program also addresses Medicaid recovery, Medicare Advantage and Part D reimbursement rights, and MMSEA Section 111 reporting requirements. Ethical and trust accounting duties when handling government liens, including managing disputed funds and avoiding premature disbursement, will also be covered.

What Will You Gain

Attendees will gain practical tools and strategic insight to navigate Medicare and Medicaid compliance from case intake through resolution, including how to identify government recovery interests, negotiate favorable lien outcomes, and structure compliant settlements that protect clients. The program clarifies Medicare Advantage, Part D, and Section 111 reporting requirements to help avoid penalties and enforcement risks. Participants will leave with greater confidence to manage these complex issues with precision and professional responsibility.

Key topics to be discussed:

  • Medicare Secondary Payer (MSP) Act framework
    Guide of the statutory structure governing Medicare’s secondary payer status and the legal obligations it imposes on attorneys, claimants, and insurers in settlement matters.
  • Medicare & Medicaid lien identification and resolution
    Practical, step-by-step guidance on identifying conditional payments, verifying lien amounts, and properly resolving government recovery claims before settlement funds are disbursed.
  • Lien disputes, reductions, and negotiation strategies
    Strategies for challenging, reducing, or compromising Medicare and Medicaid liens, including documentation requirements and effective advocacy approaches.
  • MMSEA Section 111 reporting & enforcement risk
    Explanation of Responsible Reporting Entity obligations, mandatory reporting requirements, and how to avoid civil monetary penalties and double-damage exposure.
  • Medicare set asides (MSAs) in liability settlements
    Evaluation of when future medical allocations should be considered, how to structure liability MSAs, and best practices for post-settlement administration and compliance.
  • Settlement drafting, ethics & risk allocation
    Development of protective settlement language, trust accounting compliance, and ethical safeguards to minimize malpractice exposure and post-settlement disputes.

Date / Time: March 25, 2026

  • 1:00 pm – 3:20 pm Eastern
  • 12:00 pm – 2:20 pm Central
  • 11:00 am – 1:20 pm Mountain
  • 10:00 am – 12:20 pm Pacific

Closed-captioning available

Speakers

John V. Cattie, Managing Member | Cattie & Gonzalez, PLLC

John V. Cattie, Jr. serves as the Managing Member of Cattie & Gonzalez, PLLC, where he leads a practice dedicated to a higher standard in Medicare Secondary Payer (MSP) compliance. His legal career in the healthcare subrogation space began in 2008 with the Garretson Resolution Group (Garretson), where he built their Medicare Set-Aside (MSA) group from the ground up. Recognizing that clients preferred direct legal advice over vendor services, he launched his law firm in 2016 to provide a more sophisticated level of service. Today, Cattie assists clients nationwide in both single-event and mass tort cases, focusing on the verification and resolution of reimbursement obligations across a wide spectrum of insurance plans, including Medicare, Medicaid, and the VA. To date, he has reviewed over 16,000 distinct fact patterns for MSA purposes, establishing himself as a key authority in protecting claimants’ future access to federal benefits.

  • Professional Experience

Cattie is a frequent speaker at CLE and continuing education events across the country and has written extensively about healthcare subrogation in the Medicare Secondary Payer context, contributing meaningfully to the professional development of attorneys and other practitioners navigating this complex compliance landscape.

  • Recognition & Leadership

Cattie’s analytical work in the Medicare Set-Aside space has earned notable judicial recognition, with multiple federal and state courts citing his analysis favorably, a distinction that reflects the depth and reliability of his expertise in this highly specialized area of law.

  • Education

Cattie holds a Bachelor of Arts from the University of North Carolina and a dual JD/MBA degree from Villanova University, equipping him with both the legal foundation and business acumen that underscore his specialized practice in Medicare Secondary Payer compliance and healthcare lien resolution.

  • Honors & Awards

His analytical work has earned significant judicial recognition, with multiple federal and state courts citing his analysis favorably in their decisions.

 

Brett Newman, Founder and CEO | Newman Settlement Services Group, LLC

Brett Newman is known nationally by plaintiff attorneys for his expertise in the post-settlement process. With 20 years of experience, he established Newman Settlement Services Group (NSSG) to provide plaintiffs and their attorneys with a single, comprehensive resource for all aspects of settlement planning and administration. Under his leadership, NSSG delivers a full range of post-settlement services, including Medicare and Medicaid Lien Resolution, Medicare Set-Aside Allocation and Administration, Special Needs Trust Administration, Health Benefit Planning, MSP Compliance, Wealth Management, and Structured Settlements. His experience and comprehensive approach have led many of the nation’s most respected law firms to recommend NSSG as their Litigation Resource Group.

  • Professional Experience

Mr. Newman is a prolific speaker who has presented before more than 30 bar associations, trial lawyer groups, and judicial organizations nationwide, including the American Association for Justice, the New York State Bar Association, the New Jersey State Bar Association, the New York State Trial Lawyers Association, and multiple ABOTA chapters across the country. He has also delivered CLE programming through HB Litigation Conferences, NACLE, and West Legal Ed Center, covering topics such as structured settlements, lien resolution, Medicare compliance, and settlement preservation.

  • Recognition & Leadership

Mr. Newman has earned national recognition among plaintiff attorneys for his expertise in the post-settlement process and has served on the Board of Directors of the American Association of Settlement Consultants (AASC), the structured settlement industry’s primary plaintiff-side trade organization, where he completed a full term on the 13-member board. His firm’s reputation for comprehensive, client-centered settlement services has made it a trusted Litigation Resource Group for many of the nation’s most respected law firms.

  • Education

Mr. Newman has a Bachelor of Arts in Economics from Syracuse University, where he graduated in 1989. His academic foundation in economics has directly informed his career-long focus on financial security, settlement planning, and the responsible management of settlement proceeds on behalf of injured claimants and their families.

  • Honors & Awards

He has been named one of the 100 Most Powerful Lawyers in the Nation by The National Law Journal and has received repeated recognition for his leadership of Hagens Berman as one of the Top 10 Plaintiffs’ Firms in the Country.

 

Paul Pasche, Of Counsel | Inman, Fitzgibbons, Murdock & Kosoff, Ltd

Paul W. Pasche, MSCC, is Of Counsel at IFMK Law, Ltd., where he brings more than 30 years of legal experience representing businesses, employers, and government bodies. He focuses his practice on workers’ compensation defense, general liability matters, appellate practice, and Medicare Secondary Payer compliance issues. Paul represents clients before the Illinois Workers’ Compensation Commission, in Illinois state and federal courts, and before sub-agencies of the Centers for Medicare and Medicaid Services and the U.S. Department of the Treasury. He has earned a reputation as a respected litigator, lecturer, and author on workers’ compensation and Medicare compliance topics.

  • Professional Experience

Mr. Pasche is an active contributor to the legal and professional community, frequently presenting on Medicare compliance, workers’ compensation, and related topics for bar associations, professional organizations, clients, and civic groups. He has authored and contributed to published legal works, including a chapter on settlements and negotiations from the respondent’s perspective in the Illinois Institute of Continuing Legal Education’s “Workers’ Compensation Institute” publication, and an article on practical guidance for handling Medicaid in workers’ compensation cases published in the Illinois Workers’ Compensation Lawyers Association’s WCLA News.

  • Recognition & Leadership

Mr. Pasche has earned recognition as a knowledgeable authority in the intersection of workers’ compensation defense and Medicare compliance, with his expertise reflected in his appointment as Of Counsel to IFMK Law’s Subrogation and Lien Recovery practice group. His work has been recognized through published legal writings cited by professional organizations, and he is regularly called upon to share his expertise through presentations for bar associations, professional organizations, clients, and civic groups across Illinois and nationally.

  • Education

Holds a Juris Doctor degree and carries the Medicare Set-Aside Consultant Certified (MSCC) designation, a specialized professional credential administered by the International Commission on Health Care Certification that recognizes advanced expertise in Medicare Secondary Payer compliance and the preparation of Medicare Set-Aside arrangements.

  • Honors & Awards

He has received the highest AV rating from Martindale-Hubbell® and has been recognized for excellence by Leading Lawyers®, reflecting his standing as a distinguished and highly regarded attorney in his field.

Agenda

I. The Legal Framework & Resolution of Medicare and Medicaid Liens | 1:00pm – 1:40pm

This session opens with a foundational summary of the Medicare Secondary Payer (MSP) Act, establishing the legal framework and obligations it creates for claimants, attorneys, and insurers in personal injury and workers’ compensation cases. Attendees will then walk through CMS’s recovery mechanisms and the Medicare lien process, before exploring the grounds and strategies for disputing, reducing, or compromising those liens to achieve a more equitable outcome for the injured party.

The discussion broadens to cover Medicaid’s recovery rights and the variability across state programs, as well as the reimbursement rights of Medicare Advantage and Part D plans, whose compliance obligations are equally serious despite operating outside traditional Medicare. The session closes by addressing MMSEA Section 111 mandatory reporting requirements, including who must report, what is required, and the penalties for non-compliance, and the ethical and trust accounting responsibilities practitioners must uphold when government liens are present throughout the settlement process.

Break | 1:40pm – 1:50pm

II. Medicare Set-Asides (MSAs) in Liability Settlements & Future Medical | 1:50pm – 2:30pm

This session begins by walking participants through the step-by-step process of identifying, verifying, and resolving Medicare liens in personal injury and workers’ compensation settlements, covering the key agencies, timelines, and obligations that claimants and their representatives must meet before settlement funds are disbursed. Building on that foundation, attendees will then explore the circumstances under which claimants may pursue meaningful reductions, formal waivers, or compromise agreements on those liens including the legal and procedural grounds for making such requests, the documentation needed, and the arguments most effective in negotiating a more equitable outcome.

The session then shifts to Medicare Set-Asides (MSAs), providing a foundational summary of what they are, why they exist, and how to determine whether one is required based on the specific facts of a case and the thresholds that typically trigger the need for one. Finally, participants will examine how MSA funds are managed and administered after settlement, including how accounts are structured, what expenses are properly payable from the set-aside, ongoing reporting obligations, and what happens when funds are exhausted — equipping attendees with the practical knowledge needed to guide clients through their Medicare compliance responsibilities long after the case is closed.

Break | 2:30pm – 2:40pm

III. Settlement Drafting, Risk Allocation & Litigation Exposure | 2:40pm – 3:20pm

This session opens by examining the professional ethics implications of Medicare Secondary Payer (MSP) compliance in the settlement process, exploring the duties owed to clients, opposing parties, and government entities and how failing to address those obligations can expose practitioners to both disciplinary and legal risk. The discussion then turns to pre-settlement preparation, detailing what reasonable diligence looks like when investigating conditional payments, confirming Medicare beneficiary status, and laying the groundwork for compliant resolution before reaching the settlement table.

Attendees will also explore the critical role that precise contract language plays in MSP compliance, focusing on the key provisions, protective clauses, and allocation language needed to reduce exposure and satisfy statutory requirements, as well as the unique challenges that arise in complex scenarios such as cases involving minors, structured settlements, and multi-party disputes. The session closes with a hard look at the litigation and enforcement risks that follow MSP non-compliance including double-damage provisions and private right of action recovery suits leaving attendees with a clear understanding of the stakes and the proactive steps necessary to protect both their clients and them.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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