HEALTHCARE LIENS IN PERSONAL INJURY MATTERS
In-Person Live Seminar
ITEM #:  1028642001   |   EVENT CODE:  275479    |   CREDIT STATUS:  APPROVED
STANDARD PRICE
$275.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.
This seminar is not currently available for online purchase

MINNEAPOLIS

Tuesday, August 20, 2019

8:55 AM - 4:30 PM   |   Check-In:  8:30 AM

Minnesota CLE Conference Center

600 Nicollet Mall # 370

3rd Floor, City Center

Minneapolis, MN 55402

Healthcare Liens in Personal Injury Matters

Avoid Costly Mistakes!

Practical, Actionable Tips and Strategies

  • How to Resolve Medicare Liens
  • Non-Medicare Liens – Rules of the Game
  • Dealing with Collateral Source Offset
  • Do’s and Don’ts for Settlement and Release
  • And Much More!

Concrete Instructions for Confusing Procedures:

  • Sample Releases
  • The Mechanics for a Medicare Set-Aside
  • The Procedure for Collateral Source Offsets in Verdicts with Medicare Advantage Plans
  • And Much More!

An Essential Seminar for:

  • Personal Injury Attorneys
  • Insurance Attorneys
  • Civil Litigators
  • Arbitrators

Schedule times below are for the live seminar. Please refer to DATES & LOCATIONS for individual replay start times.


8:30 – 8:55 a.m.
CHECK-IN & CONTINENTAL BREAKFAST

8:55 – 9:00 a.m.
WELCOME

9:00 – 9:15 a.m.
Healthcare Liens
In this short session, Course Co-Chair Timothy Tobin gives a quick introduction and roadmap for navigating healthcare liens in personal injury matters.
– Timothy P. Tobin; Gislason & Hunter LLP; Minneapolis

9:15 – 10:00 a.m.
Handling Liens in Mediation
Learn how to anticipate and avoid some of the most common pitfalls when mediating a personal injury matter involving liens. The discussion includes how to prepare for mediation and how to maximize the benefit of mediation.
– Roger L. Kramer; Kramer Law LLC; Mendota Heights


10:00 – 10:30 a.m.
A Map of the Minefield: Liens, Subrogation and ‘Super Liens’
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; Gislason & Hunter LLP; Minneapolis

10:30 – 10:45 a.m.
BREAK

10:45 – 11:00 a.m.
Issues and Trends
In this short session, Course Co-Chair Brock Alton quickly reviews issues most commonly seen by an insurance coverage litigation attorney.
– Brock P. Alton; Gislason & Hunter LLP; Minneapolis

11:00 a.m. – 12:00 p.m.
How to Resolve Medicare Liens – Medicare Reimbursement and Set-Aside Agreements

Reimbursement:

  • The responsibility to reimburse Medicare for its conditional payments
  • How to promptly resolve the issue of what is owed and how it is to be reimbursed
  • 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
  • The protocol for applying to court for assistance in resolving these questions

Medicare Set-Asides:

  • Whether the obligation to set aside part of a settlement for future medical bills applies to personal injury settlements involving Medicare recipients
  • Learn the mechanics for a set-aside

– Brock P. Alton; Gislason & Hunter LLP; Minneapolis
– Aaron P. Frederickson; Minnesota Department of Labor and Industry; Saint Paul

12:00 – 1:00 p.m.
LUNCH (on your own)

1:00 – 1:45 p.m.
Rules of the Game for Non-Medicare Liens – ERISA, Private Insurance and Hospital Liens
Understand the power of ERISA and the exposure it creates and learn proven tactics and strategies for navigating private healthcare liens and addressing health insurance subrogation claims.

  • How to manage Medical Assistance/Medicaid subrogation
  • How to assess plan language
  • How to apply equitable defenses to maximize recovery
  • Do all health insurance and disability plans operate the same way?
  • How to handle a statutory hospital lien?

– Robert J. Hauer, Jr.; Sieben Carey; Minneapolis
– Alicia N Sieben; Schwebel Goetz Sieben PA; Minneapolis

1:45 – 2:30 p.m.
Negotiating Tips, Trial Tactics and Client Management Strategies – A Plaintiff’s Perspective
Experienced plaintiffs’ counsel discusses strategy and tactics for handling a personal injury case involving liens, including negotiating tips, trial tactics and how to manage client expectations.
– Robert J. Hauer, Jr.; Sieben Carey; Minneapolis
– Alicia N Sieben; Schwebel Goetz Sieben PA; Minneapolis

2:30 – 2:45 p.m.
BREAK

2:45 – 3:30 p.m.
Collateral Source Offsets in Plaintiffs’ Verdicts with Medicare, Medicaid, and Private Insurance Plans
The Minnesota Supreme Court in Swanson v. Brewster confirmed plaintiffs do not receive a windfall as a result of discounts given to private health insurers. But what happens when a plaintiff is covered by Medicare, Medicaid, or participates in a Medicare Advantage Plan? How would a trial court address the separation of these dollars in a post-trial motion for collateral source offset? What if the plaintiff has purchased the health insurer’s lien? Learn how a defense attorney addresses collateral source issues, both pre-trial and post-trial, in this fast-paced review of the procedure, the discovery phase and post-trial negotiations and motions practice.
– Laura A. Moehrle; Quinlivan & Hughes, PA; Saint Cloud

3:30 – 4:30 p.m.
The Do’s and Don’ts for Settlement and Release
Experienced defense and plaintiffs’ counsel provide insight into the do’s and don’ts of handling settlement and release. Sample releases will be provided and analyzed.
– Brock P. Alton, Robert J. Hauer, Jr. &   Alicia N Sieben

IN-PERSON LIVE PRESENTATION
Tuesday, August 20, 2019
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

IN-PERSON REPLAYS
Schedule times for replays may differ from those for the live program. Start times are as indicated below. Please register at least one week in advance to secure your copy of the course materials on the day of the seminar.

Minneapolis – 9/4/19 (Check-In 12:30; Replay 1:00)
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street and Nicollet Mall, Third Floor City Center

Duluth – 8/30/19 (Check-In 8:30; Replay 9:00)
Pier B Resort, Pilot House Boardroom
800 West Railroad Street

Mankato – 10/10/19 (Check-In 8:15; Replay 8:30)
Farrish Johnson Law Office
1907 Excel Drive

Moorhead – 9/3/19 (Check-In 9:00; Replay 9:15)
Moorhead Public Library
118 Fifth Street South

Saint Cloud – 8/29/19 (Check-In 8:15; Replay 8:30)
Rinke Noonan Law Firm
1015 West Saint Germain Street

In-Person Live:  $225 MSBA members / $225 paralegals / $275 standard rate
In-Person Replay:
  $195 MSBA members / $195 paralegals / $245 standard rate

Other discounts that may apply:

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 standard CLE credits. The maximum number of total credits attendees may claim for this program is 6.0 credits.

Included in registration fee.

Can't attend? The course materials are available for $75 (plus tax and handling). To order, call Minnesota CLE at 651-227-8266 or 800-759-8840. Available in hard copy. Orders will be filled after the live seminar.

STANDARD PRICE
$275.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.
This seminar is not currently available for online purchase
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