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

2026-03-25 13:00:00

2026-03-25 13:00:00

2 Credits

Medicare and Medicaid reimbursement obligations significantly affect personal injury settlements, exposing attorneys to financial, ethical, and malpractice risk without proper MSP compliance.

2026-03-25 13:00:00

Medicare and Medicaid reimbursement obligations significantly affect personal injury settlements, exposing attorneys to financial, ethical, and malpractice risk without proper MSP compliance.

2026-03-25 13:00:00

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Trusted by Legal Professionals

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Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn the foundational legal framework of the MSP Act, CMS recovery mechanisms, Medicare lien processes, Medicaid recovery rights, and MMSEA Section 111 mandatory reporting requirements.

What will you gain

Attorneys will gain practical tools to identify government recovery interests, negotiate lien outcomes, and structure settlements that satisfy statutory requirements while protecting clients' best interests.

MSP framework
The MSP Act governs obligations of claimants, attorneys, and insurers in personal injury settlements.
Lien resolution
Attorneys will learn grounds and procedures for disputing, reducing, or compromising Medicare liens.
Medicaid recovery
Medicaid recovery rights and reimbursement obligations vary across different state programs.
Reporting compliance
Non-compliance penalties reach $1,325 per day per record for reporting violations.
Medicare set-asides
MSA funds must be properly managed and administered following settlement.
Settlement drafting
Settlement agreements must include representations, indemnity, escrow, and allocation provisions for compliance.

What will you learn

Attorneys will learn the foundational legal framework of the MSP Act, CMS recovery mechanisms, Medicare lien processes, Medicaid recovery rights, and MMSEA Section 111 mandatory reporting requirements.

What will you gain

Attorneys will gain practical tools to identify government recovery interests, negotiate lien outcomes, and structure settlements that satisfy statutory requirements while protecting clients' best interests.

Agenda

SESSION 1

Medicare & Medicaid Lien Framework and Resolution

SESSION 2

Medicare Set-Asides and Future Medical Allocation

Session 3

Settlement Drafting and MSP Risk Allocation

clock 1:00 pm - 1:40 pm EST

Medicare & Medicaid Lien Framework and Resolution

John V. Cattie

Cattie & Gonzalez, PLLC

Brett Newman

Newman Settlement Services Group, LLC

Paul Pasche

Inman, Fitzgibbons, Murdock & Kosoff, Ltd

Covers the MSP Act’s legal foundation, CMS recovery mechanisms, and strategies for disputing and reducing Medicare and Medicaid liens, Section 111 reporting obligations, and ethical trust accounting responsibilities.

John V. Cattie

Cattie & Gonzalez, PLLC

Brett Newman

Newman Settlement Services Group, LLC

Paul Pasche

Inman, Fitzgibbons, Murdock & Kosoff, Ltd

clock 1:50 pm - 2:30 pm EST

Medicare Set-Asides and Future Medical Allocation

John V. Cattie

Cattie & Gonzalez, PLLC

Brett Newman

Newman Settlement Services Group, LLC

Paul Pasche

Inman, Fitzgibbons, Murdock & Kosoff, Ltd

Examine the Medicare lien resolution process, when an MSA is required, how to pursue reductions or waivers, and how MSA funds are managed and reported post-settlement.

John V. Cattie

Cattie & Gonzalez, PLLC

Brett Newman

Newman Settlement Services Group, LLC

Paul Pasche

Inman, Fitzgibbons, Murdock & Kosoff, Ltd

clock 2:40 pm - 3:20 pm EST

Settlement Drafting and MSP Risk Allocation

John V. Cattie

Cattie & Gonzalez, PLLC

Brett Newman

Newman Settlement Services Group, LLC

Paul Pasche

Inman, Fitzgibbons, Murdock & Kosoff, Ltd

Addresses ethical duties, pre-settlement diligence, and precise contract language needed for MSP compliance, including protective clauses, special situation challenges, and the double-damages litigation risk attorneys face for non-compliance.

John V. Cattie

Cattie & Gonzalez, PLLC

Brett Newman

Newman Settlement Services Group, LLC

Paul Pasche

Inman, Fitzgibbons, Murdock & Kosoff, Ltd

01 03
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

John V. Cattie

Cattie & Gonzalez, PLLC

Brett Newman

Newman Settlement Services Group, LLC

Paul Pasche

Inman, Fitzgibbons, Murdock & Kosoff, Ltd

John V. Cattie

Cattie & Gonzalez, PLLC

John V. Cattie, Jr. serves as the Managing Member of Cattie & Gonzalez, PLLC, where he leads a practice dedicated to Medicare Secondary Payer (MSP) compliance. He assists clients nationwide in both single-event and mass tort cases, focusing on the verification and resolution of reimbursement obligations across Medicare, Medicaid, and the VA.

Education & Credentials

Bachelor of Arts from the University of North Carolina; dual JD/MBA degree from Villanova University

Recognition & Leadership

His analytical work in the Medicare Set-Aside space has earned notable judicial recognition, with multiple federal and state courts citing his analysis favorably in their decisions.

Professional Involvement

Frequent speaker at CLE and continuing education events across the country; has written extensively about healthcare subrogation in the Medicare Secondary Payer context, contributing to the professional development of attorneys and practitioners navigating this compliance landscape.

Experience

Legal career in healthcare subrogation began in 2008 with the Garretson Resolution Group, where he built their Medicare Set-Aside (MSA) group from the ground up. Launched his law firm in 2016 to provide more sophisticated legal services. 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.

John V. Cattie

Cattie & Gonzalez, PLLC

John V. Cattie, Jr. serves as the Managing Member of Cattie & Gonzalez, PLLC, where he leads a practice dedicated to Medicare Secondary Payer (MSP) compliance. He assists clients nationwide in both single-event and mass tort cases, focusing on the verification and resolution of reimbursement obligations across Medicare, Medicaid, and the VA.

Education & Credentials

Bachelor of Arts from the University of North Carolina; dual JD/MBA degree from Villanova University

Recognition & Leadership

His analytical work in the Medicare Set-Aside space has earned notable judicial recognition, with multiple federal and state courts citing his analysis favorably in their decisions.

Professional Involvement

Frequent speaker at CLE and continuing education events across the country; has written extensively about healthcare subrogation in the Medicare Secondary Payer context, contributing to the professional development of attorneys and practitioners navigating this compliance landscape.

Experience

Legal career in healthcare subrogation began in 2008 with the Garretson Resolution Group, where he built their Medicare Set-Aside (MSA) group from the ground up. Launched his law firm in 2016 to provide more sophisticated legal services. 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.

Brett Newman

Newman Settlement Services Group, LLC

Brett Newman is the Founder and CEO of Newman Settlement Services Group, known nationally by plaintiff attorneys for his expertise in the post-settlement process. He provides plaintiffs and their attorneys with comprehensive resources for settlement planning and administration.

Education & Credentials

Bachelor of Arts in Economics from Syracuse University, graduated in 1989

Recognition & Leadership

Named one of the 100 Most Powerful Lawyers in the Nation by The National Law Journal; received repeated recognition for leadership as one of the Top 10 Plaintiffs' Firms in the Country; earned national recognition among plaintiff attorneys for expertise in the post-settlement process.

Professional Involvement

Presented before more than 30 bar associations, trial lawyer groups, and judicial organizations nationwide, including the American Association for Justice, New York State Bar Association, New Jersey State Bar Association, New York State Trial Lawyers Association, and multiple ABOTA chapters. Delivered CLE programming through HB Litigation Conferences, NACLE, and West Legal Ed Center. Served on the Board of Directors of the American Association of Settlement Consultants (AASC), completing a full term on the 13-member board.

Experience

20 years of experience in the post-settlement process. Under his leadership, NSSG delivers 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.

Paul Pasche

Inman, Fitzgibbons, Murdock & Kosoff, Ltd

Paul W. Pasche, MSCC, is Of Counsel at IFMK Law, Ltd., with more than 30 years of legal experience representing businesses, employers, and government bodies. He focuses on workers’ compensation defense, general liability matters, appellate practice, and Medicare Secondary Payer compliance issues.

Education & Credentials

Juris Doctor degree; Medicare Set-Aside Consultant Certified (MSCC) designation from the International Commission on Health Care Certification

Recognition & Leadership

Received the highest AV rating from Martindale-Hubbell®; recognized for excellence by Leading Lawyers®; expertise reflected in appointment as Of Counsel to IFMK Law's Subrogation and Lien Recovery practice group; published legal writings cited by professional organizations.

Professional Involvement

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. Authored chapter on settlements and negotiations in IICLE's 'Workers' Compensation Institute' publication; contributed article on handling Medicaid in workers' compensation cases published in WCLA News.

Experience

More than 30 years of legal experience representing businesses, employers, and government bodies. Represents clients before the Illinois Workers' Compensation Commission, Illinois state and federal courts, and sub-agencies of the Centers for Medicare and Medicaid Services and the U.S. Department of the Treasury. Established reputation as a respected litigator, lecturer, and author on workers' compensation and Medicare compliance topics.

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Why Attend

Why this 
program matters

Attorneys handling personal injury settlements must master Medicare and Medicaid MSP compliance to shield clients from federal penalties, lien recoupment actions, and malpractice exposure under evolving government recovery regimes.
24%
was the FY 2025 gap between proposed and CMS-approved WCMSA amounts, the widest variance in five years, forcing attorneys to build larger set-aside buffers protecting clients’ net settlement recoveries.
$1.5k+
per day is the maximum CMS civil money penalty enforced since October 2025 against entities failing Section 111 mandatory reporting obligations, with formal audit penalty notices already issued in 2026.
54%
of Medicare-eligible beneficiaries are enrolled in Medicare Advantage plans as of 2025, requiring attorneys to resolve independent MA plan liens entirely separate from the traditional CMS conditional payment recovery process.
77M+
individuals were enrolled in Medicaid and CHIP as of September 2025, each potentially subject to state third-party liability liens attorneys must independently identify and resolve alongside any existing Medicare exposure.

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