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Program Overview

The Medicare Secondary Payer Act and accompanying regulations and procedures continue to evolve and take shape. Courts’ recent interpretations and applications of the Act have clarified some aspects of this complicated field, while simultaneously creating confusion in other respects. This program will provide the latest developments in MSP case law, as well as the current status of procedural requirements incumbent on lawyers and liability carriers. We will also offer commentary on the most recent case developments involving the application of the Affordable Care Act to reduce damages exposures for future medical expenses in liability cases, recovery rights of Medicare Advantage Organizations, and CMS’ views on Liability MSAs.


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  

What You Will Learn

  • How the judiciary has addressed Medicare Secondary Payer issues
  • How to settle cases in compliance with Medicare Secondary Payer law
  • How to achieve finality in cases with Medicare beneficiaries
  • How to resolve cases involving conflicts between the Medicare Secondary Payer Act and state law
  • How to avoid claims for double damages under the Medicare Secondary Payer Act’s private right of action


John P. Morgenstern

John P. Morgenstern is a shareholder at Philadelphia-based Deasey, Mahoney & Valentini where he defends matters of governmental liability, employment law, product liability, and professional liability. John routinely advises clients on MSP Act compliance in cases involving major catastrophic injuries and has written and lectured extensively on the subject. John is a member of DRI’s MSP Act Task Force as well as the Governmental Liability, Employment Law, Professional Liability and Product Liability committees.

Judith O'Grady

Judith 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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