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Medicare Secondary Payer Act Compliance: A WCEC Session Preview

By Workers Compensation Institute

Tuesday, July 16, 2013 | 0

Editor’s Note: The 68th annual Workers' Compensation Educational Conference (WCEC) will be held Aug. 18-21 at the Orlando World Center Marriott. This article is part of a series by Program Chair Steve Rissman highlighting some of the upcoming sessions.


The Medicare program has been a staple of the Workers’ Compensation Educational Conference for years. No one issue has made litigation more complicated in recent years than having to protect the interests of Medicare. Our program has evolved from a basic explanation of Medicare Set-Asides to a sophisticated discussion of national Medicare issues, with solutions offered to a myriad of potential problems.

For the past two years, the program moderator has been the insightful Bret Cade from PRIUM. Once again, he has put together a spectacular group of individuals with intimate knowledge of the law, the rules of the Centers for Medicare & Medicaid Services and the strategy necessary to be in full compliance with Medicare while handling various litigated cases.

The breakout, "Medicare Secondary Payer Compliance: A Discussion on National Issues and Solutions," will be held on Wednesday, Aug. 21. The first panel of the morning is “Mandatory Insurer Reporting – MSP and Technology: They Know All!” This panel of nationally respected experts in the field of mandatory insurer reporting will add a much needed technical component to mandatory insurer reporting as they expound on reporting triggers, errors, challenges and consequences as set out by Section 111 of the Medicare Extension Act of 2007. Panelists Jeff Gurtcheff from PMSI and Scott Huber from Gould & Lamb understand the technology aspect as well as anyone in the country and can explain it in a very practical way.

The next panel focuses on “Conditional Payment Resolution,” especially as it regards Part C and D, Medicare Liens. Mark Popolizio from Crowe Paradis and Rafael Gonzalez from Gould & Lamb understand these conditional payments better than anyone. In 2012, Medicare regulations and federal case law added Medicare Parts C and D and our panel will provide a comprehensive overview of the policies and procedures relative to this latest component of reimbursement of conditional payments.

Barbara Fairchild and Kathleen Losada, both from NuQuest/Bridge Point, accept the challenge of educating the audience on Medicare Set-Asides, especially “The Impact of an Aging Workforce on Workers’ Compensation and MSP Exposure.” As our population ages, the impact on both workers’ compensation and Medicare is substantially far reaching and a national issue. We need experts to explain this complicated area to the audience and we have found two of the best.

The final presentation dealing with straight Medicare issues is “A Discussion of MSP Issues and Solutions” and is moderated by Cade. For this discussion, panel members from the previous presentations come together as a group: Gurtcheff, Huber, Popolizio, Gonzalez, Fairchild, and Losada. Cade has commissioned this roundtable as it brings nationally recognized MSP industry experts together to discuss best practices in complying with CMS’ policies when taking Medicare’s interests into consideration.

Our last two hours is a change in format. We are transitioning from a solely Medicare-related program to other federal government programs that have a potential impact on your claims and dollars. In a unique two-hour session that originated and is moderated by Roy Franco of Franco Signor, we present a topic called “Fed Soup: Served with D.C.’s Best Intentions.” Franco will lead discussions that pertain to the federal government’s incursion into the world of claims and the impact this move will have on the entire workers’ compensation landscape.

Joining Franco are two heavyweights in the industry. Patrick Murphy is a former United States Congressman who has extensive experience representing clients in litigation matters in civil, criminal and military courts. He was greatly involved on behalf of his Philadelphia constituents in a wide variety of legislative and legal matters, many of which had a dramatic impact on the issue of what the government is doing to try to raise money by being involved in the world of claims.

Robert Trusiak joins the panel as well. He is the senior associate general counsel, chief compliance officer and privacy officer for Kaleida Health, which is the largest health care provider in Western New York. Trusiak was in the U.S. Attorney’s Office for 20 years and was responsible for civil and criminal prosecution of areas, including health care fraud, MSP, corporate fraud and postal fraud.

This panel will show you your future. If you thought Medicare issues were already intruding in your claims’ life, wait to see what else is in store.

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