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Paying Twice: Protecting Clients From MSP Liabilities

Session Description: 

Thank You to DRI’s Webinar Partner: Medicare Advocacy Recovery Coalition (MARC)

DRI and MARC (a national coalition of companies and other stakeholders with an interest in the Medicare Secondary Payer “MSP” Program) have partnered for over 10 years to bring attention to, build solutions for compliance with, and improve the MSP program. This webinar will provide an update on developments in Medicare Secondary Payer compliance. The discussion will include a brief overview of the MSP Act, MMSEA reporting and the PAID Act. The overview will be followed by a discussion of recent case law and practical implications, including potential exposure as well as how to mitigate risk through the course of discovery, proper release language, documentation, and the importance of communication across the bar and between the parties. The webinar will conclude with a discussion of what to expect next with respect to MSP compliance.

Who Should Attend? 

  • Attorneys who handle cases involving plaintiffs who are, or may soon become, Medicare recipients.
  • Claims representatives who handle cases involving claimants who are, or may soon become, Medicare recipients. In-House counsel who handle or oversee cases involving claimants who are, or may soon become, Medicare recipients.
  • Professionals who handle MMSEA reporting.

What will you learn? 

  • Developments and changes to the MSP Act, MMSEA Reporting and the PAID Act.
  • Recent Medicare Secondary Payer case law developments.
  • How to proactively mitigate against Medicare Secondary Payer liability.
  • The benefits of collaboration between defense and plaintiff's attorneys to ensure proper resolution of Medicare Secondary Payer recovery claims.

Katie Fox, ISG

Katie Fox joined ISG in September of 2020, to build an MSP organization for the third time. Her love of MSP started in 2008, at GAB Robins where she lead the first ever TPA in house MSP team. As the founding co-chair of the MARC Coalition, she participated in Federal legislative reform, ultimately leading to the SMART Act passing in 2012. Katie has been fortunate to participate in speaking venues across the country from state claim association meetings, to CLM and national RIMS. Katie has a thirst for knowledge with a BS in Organizational Development and Management, a Paralegal certificate, an Emergency Technician certificate, MSCC and CMSP designations, and is currently attending Denver Seminary part-time, completing a Master of Arts in Clinical Mental Health.

M. Palmer Lambert, Gainsburgh, Benjamin, David, Meunier & Warshauer, LLC

M. Palmer Lambert represents plaintiffs in civil litigation and through MDL leadership appointments. Palmer has a B.S. in mechanical engineering and J.D./M.B.A. from Tulane. He is a Fellow of the American Bar Foundation, Chair of the FBA YLD (New Orleans Chapter), and a Board Member of the New Orleans Bar Association.

Judith L. O'Grady, Partner, Pepper Hamilton LLP

Judith L. O’Grady is a partner with Pepper Hamilton LLP, resident in the Washington office.  Ms. O’Grady is a member of the firm’s Health Effects Litigation Practice Group.  She has extensive experience defending pharmaceutical and medical device manufacturers in products liability actions.  Ms. O’Grady also has significant experience counseling clients regarding federal regulations governing the pharmaceutical and medical device industries, the Medicare Secondary Payer Act and Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007.


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