Christine Hummel, Esq. is the President and founder of Hummel Consultation Services, a legal consultation practice specializing in the application of the Medicare Secondary Payer Act. An active attorney with licensure in the state of Colorado, she earned her Juris Doctor from the University of Denver in May 2000. In 2002 Christine opened her own firm, which recently celebrated its fifteenth continuous year of operation. With nearly twenty years of experience, Christine is a published author and popular speaker on a wide array of topics related to Medicare compliance. Christine has significant experience working with the Centers for Medicare and Medicaid Services in regarding applicability of the Medicare Secondary Payer Act to liability settlements. She is a member of the American Bar Association, the Colorado Bar Association, and includes with her legal experience work in Medicaid, probate, and elder law. Christine volunteers her free time by giving presentations on the roles of women throughout multiple time periods in history.
Medicare Set Asides in Personal Injury: New Requirements
CLE Credits earned: 2 GEN
This program will provide a detailed look at the Medicare Secondary Payer Act (MSP). The program will begin with a brief discussion of Medicare eligibility processes and a general overview of the MSP statute.
After the general introduction, the program will begin a detailed discussion of the MSP’s requirement to maintain Medicare as a secondary payer relative to settlement proceeds. Specifically, we will discuss:
• How CMS determines a settlement includes “medical damages”?
• What type of medical care should be paid from settlement proceeds?
• What exactly is a “Medicare Set Aside”?
• Strategies to minimize the “Medicare Set Aside” allocation amount.
• Settlement language ideas to address the Medicare Secondary Payer act requirements.
• October 2017 changes to the Medicare Common Working File
• November 2017 educational outreach to the Medical community regarding MSP compliance
• Anticipated changes in 2018
The program will also work in practice tips and settlement tips to assist the practitioner in efficiently identifying and addressing MSP issues in a given case or fact pattern.
Time permitting, we will also address reimbursement of the Medicare Conditional Payment Amount and Section 111 reporting.
Finally, the program will include ample time for questions from conference attendees.
This course is co-sponsored by the Federal Bar Association.
Key topics to be discussed:
• When is your settlement primary to Medicare?
• 2017 changes to the Common Working File and Educational Outreach to Medical Providers
• Anticipated expansion of the MSA review process in 2018
Date / Time: September 6, 2018
• 2:00 pm – 4:00 pm Eastern
• 1:00 pm – 3:00 pm Central
• 12:00 pm – 2:00 pm Mountain
• 11:00 am – 1:00 pm Pacific
Choose a format:
• Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
• On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.
All Access Pass: Before you buy, access this class and all other myLawCLE programs, over 120 new live classes every year, for only $69 dollars per month. Purchase the All Access Pass first. Click here for more information.
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.
Automatic MCLE Approvals
All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AL, AR, CA, CO, CT, FL, GA, HI, ME, MO, MS, MT, ND, NH, NM, NJ, NY, PA, PR, SD, UT, WV, WY and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)
Applied MCLE Approvals
myLawCLE seeks approval via application in all other states that are not automatically approved through myLawCLE’s state accreditation. (Some states may take up to 4 weeks to send in final accreditation, however attendees will receive accreditation according to the date the class was taken—the state of VA may take up to 12 weeks.)
Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs
Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except LA and PA—these two states require in-person attendance to qualify for “Live” CLE credit.
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NM and LA.]
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.
Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, CT, FL, GA, ME, MO, MT, ND, NH, NJ, NY, PR, SD and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.
myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.
Section I. Introduction to Medicare and the Medicare Secondary Payer Act
a) How does a person qualify for Medicare?
i. By age
ii. By receives SSD
b) Can younger persons/minors qualify for Medicare?
c) What is the MSP statute?: General Overview
Section II. Statutory Requirement to Maintain Medicare as a Secondary Payer
a) How does CMS/Medicare determine a settlement is primary to Medicare?
b) What is an “MSA”? And is it actually “mandated” by the Medicare Secondary Payer Act?
c) What treatment should an MSA /future medical allocation pay for and how is this determined?
d) Strategies for reducing the future-medical funding
e) How is an MSA funded?
f) What happens to the MSA funds at the death of the beneficiary?
g) Discussion of the Aranki case
h) How do the October 2017 changes to the Common Working File impact settlements?
i) From a practical point of view, how does the November 2017 educational outreach by CMS to the Medical community impact my case?
j) Discussion of anticipated expansion of the formal MSA review process in 2018
Section III. Brief discussion of the Medicare Conditional Payment and Section 111 reporting
a) Medicare A/B reimbursements
b) Medicare Part C and D reimbursements
c) The BCRC vs the CRC
d) Overview of the Section 111 reporting requirement