8:30 – 8:55 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:55 – 9:00 a.m.

WELCOME & INTRODUCTION

9:00 – 10:00 a.m.

The View Across the Minefield: A Practitioner’s Overview of How Healthcare Liens and Subrogation Interests Affect the Personal Injury Case

A practical overview and refresher on key concepts:

• The difference between a lien and a subrogation interest;

• A laundry list of the types of liens to keep in mind as affecting your personal injury cases;

• An overview of the Medicare Secondary Payer Act and MMSEA – the statutory scheme and risks it presents for the practitioner involved in personal injury matters.

– Timothy P. Tobin

10:00 – 10:30 a.m.

New Developments – Including New Minnesota "Collateral Source" Cases

– Wilbur W. Fluegel & Timothy P. Tobin

10:30 – 10:45 a.m.

BREAK

10:45 – 11:45 a.m.

How to Resolve Medicare Liens: Medicare Reimbursement and Set-Aside Agreements

• Reimbursement: This session describes the responsibility to reimburse Medicare for its conditional payments, and how to promptly resolve the issue of what is owed and how it is to be reimbursed. Additional topics include: whether Medicare may be named on a settlement check; whether a release may ethically call for the plaintiff’s attorney to "indemnify" the tortfeasor and their liability insurer for satisfaction of Medicare liens; and the protocol for applying to court for assistance in resolving these questions.

• Medicare Set-Asides: There is a great deal of debate as to whether the obligation to set aside part of a settlement for future medical bills applies to personal injury settlements involving Medicare recipients. This session provides insight on that debate and describes the mechanics for a set-aside.

– Wilbur W. Fluegel

11:45 a.m. – 1:00 p.m.

LUNCH (on your own)

1:00 – 1:45 p.m.

ERISA and Medicaid Subrogation: Rules of the Game

The power of ERISA and the exposure it creates. Medical Assistance/Medicaid subrogation and how to handle MA liens.

– Andrew J. Rorvig

1:45 – 2:30 p.m.

Private Insurance Liens and Hospital Liens

So, it’s not an ERISA plan – what do I do now? Do all health insurance and disability plans operate the same way? Did you know there is a statutory hospital lien? Tips to navigate these confusing issues.

– Robert J. Hauer, Jr.

2:30 – 2:45 p.m.

BREAK

2:45 – 3:30 p.m.

What’s in the Tool Box? Effectively Resolving Healthcare Liens – Including Sample Releases

Experienced defense and plaintiffs’ counsel provide insights into handling healthcare liens in the personal injury context. Sample releases will be provided and analyzed.

– Robert J. Hauer, Jr., Andrew J. Rorvig & Timothy P. Tobin

3:30 – 3:45 p.m.

QUESTIONS & ANSWERS