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"Lien" On Us: Get The Current Status Of The Law On Liens
Published by New York State Trial Lawyers Association

6.0 Skills Credits

Claims of liens by Medicare (Centers for Medicare and Medicaid Services (CMS) and/or the Medicare Secondary Payer Recovery Contractor (MSPRC)), Medicare Part C providers (Medicare Advantage Plans), Departments of Social Services, and ubrogation recovery contractors for ERISA governed plans and policies are perhaps the most misunderstood and confusing aspects of post-settlement lien resolution.

Our CLE program will focus on lien resolution and will include discussion of the following area:

Medicare: Original Medicare's claim for reimbursement for conditional payments made for past medical expenses, appropriate notification to Medicare of the plaintiff's lawsuit, obtaining current conditional payment amounts and obtaining a Final Demand Letter from MSPRC; processing of settlement payments from defendants where Medicare is involved; consideration of Medicare with regard to future medical expenses, including Medicare Set-Asides.

Medicare Part C plans (Medicare Advantage): What is the current law with regard to Medicare Advantage, including the distinction between Part C palns with a reimbursement priovision and those without in light of Trezza v. Trezza, Potts v. The Rawlings Company, LLC, and In re Avandia MKtg.

ERISA: Are all ERISA plans the same? What is the difference between a self-funded plan and an insured ERISA plan? What is the effect of GOL 5-335 and CPLR 4545 on ERISA plans?

Does GOL 5-335 apply in cases involving Federal Employees?

What is the impact on self-funded plans of US Airways v. McCutchen, recently decided in the United States Supreme Court?

Do Medicaid liens have to be paid back in full and what is the effect of WOS v. E.M.A. on Ahlborn?

Helene E. Blank, Esq.
NYSTLI Dean Emeritus
Blank & Star, PLLC
John Tomsky, Esq.
Counsel to the firm Sullivan Papain Block McGrath & Cannavo, P.C.
Joan Lensky Robert, Esq.
Kasoff, Robert & Lerner, LLP
David S. Sheiffer, Esq.
Wilson Elser Moskowitz Edelman & Dicker LLP
Richard M. Steigman, Esq.
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Brett Newman
Lien Resolution Group/Newman Settlement Group
Originally Published
February 6, 2014

Program Titles and Supporting Materials
This program contains the following components:
  1. "Lien" On Us: Get The Current Status Of The Law On Liens - Paper Part 1
  2. "Lien" On Us: Get The Current Status Of The Law On Liens - Paper Part 2
  3. "Lien" On Us: Get The Current Status Of The Law On Liens Part 1 - Audio
  4. "Lien" On Us: Get The Current Status Of The Law On Liens Part 1 - Video
  5. "Lien" On Us: Get The Current Status Of The Law On Liens Part 2 - Audio
  6. "Lien" On Us: Get The Current Status Of The Law On Liens Part 2 - Video

How To Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.

Technical Requirements
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.

If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

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