Practice Contact: Barrye Panepinto Miyagi
barrye.miyagi@taylorporter.com
225.381.0207
Visit the Medicare Secondary Payer and MMSEA (Section 111) Compliance Blog
Taylor Porter represents clients by focusing on the Medicare Secondary Payer Act and the related reimbursement and reporting obligations.
With substantial experience in the defense of occupational exposure, toxic tort, products liability, and other personal injury claims, Taylor Porter attorneys remain abreast of the Medicare regulations and mandatory reporting obligations as well as the related case law and guidance which continue to evolve.
Our attorneys counsel clients through Medicare-related issues arising from personal injury litigation and settlements to ensure that our clients are able to adequately and competently comply with Medicare reporting and reimbursement obligations and other related federal and state regulations.
Our attorneys also closely follow proposed legislation such as the Provide Accurate Information Directly Act (Paid Act), which is now law. When new laws are passed, our attorneys assist clients with related best practices and any necessary implementation.
Representative Experience
- Implementing Medicare reporting and compliance programs for major oil and chemical companies.
- Establishing internal guidelines for compliance with the Medicare Secondary Payer statutes and Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007.
- Evaluating Section 111 registration and reporting obligations.
- Identifying and minimizing risks of future Medicare-related claims, penalties, and fines arising out of payments to Medicare beneficiaries.
Representative Matters
- Evaluated Medicare and Medicare Advantage Plan interests in personal injury awards or settlement funds paid to plaintiffs and assisted clients with assessment of any related risks.
- Successfully opposed numerous Motions to Enforce Settlements in which Medicare's interests were not protected.
- Led defense efforts resulting in Medicare Case Management Order for the 19th Judicial District Court, Parish of East Baton Rouge.
- Established Medicare compliance programs for major oil and chemical companies.
Articles, Publications and Presentations
- "MSP Private Cause of Action: The Trend Continues," October 27, 2022
- "Gallardo v. Marstiller: The Supreme Court Opines on Medicaid Reimbursement Rights," Jun 16, 2022
- "Minimizing Risks of Medicare Secondary Payer Claims: Update on the PAID Act," June 29, 2021
- "CMS Updates Section 111 NGHP Guide: No Monetary Thresholds for Reporting TPOCs in Exposure Cases," July 3, 2020
- "Settling Personal Injury Claims: Section 111 and Civil Monetary Penalties, Is Your Client Compliant?," May 1, 2020
- "Louisiana Among States to Receive Approval from CMS for Medicaid Section 1135 Waivers," March 24, 2020
- "CMS Revises NGHP User Guide on Monetary Thresholds for Section 111 Reporting a TPOC," February 13, 2020
- "The Medicare Secondary Payer Act: What You Don't Know May Hurt You," Federal Bar Association Baton Rouge Chapter CLE, July 20, 2018
- "PAID Act Would Provide Clarity on Medicare Secondary Payer and Medicaid Reimbursement Obligations," June 2018
- "New, Unique Medicare Numbers to Replace Social Security Numbers on Cards by End of 2019," November 2017
- "Ten Things Defendants Should Know About Reimbursing Medicare and Reporting Payments to Medicare"
- “Common Myths about the Medicare Secondary Payer Act and Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“Section 111”)”
- "STOP. Don't Ignore That Letter: Medicare’s Commercial Repayment Center"
- “Medicare Advantage Plans,” Client Presentation, 2017
- “Hot Topics in Medicare Secondary Payer Compliance” - DRI Asbestos Medicine Seminar, Nov. 2016
- “The Medicare Secondary Payer Act and Mandatory Reporting Requirements,” Client Presentation, October 2012
- “The Medicare Secondary Payer Act and Mandatory Reporting Requirements: Driving Through The Fog,” DRI Toxic Torts and Environmental Law Seminar, 2012
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