This panel presentation will examine the traditional CMS process and alternately opting out of that process. They will discuss and assess the alternate options to CMS submission. The panel will also evaluate the potential advantages and disadvantages to each party in the settlement when opting out of the submission process.

1. Description of the Medicare Secondary Payer statute and regulations and explanation of how the CMS submission process fits into the consideration of Medicare’s interest in settlement by panelists who exclusively represent the injured parties
2. Discussion of CMS submission process , needed documentation and some of the alternative options to completing that submission process that non Submission brings, i.e. projections based on Evidence Based Medicine (EBM) and Compromise MSA's
3. Examination of potential advantages and disadvantages to the injured party in the settlement when utilizing a non-submitted MSA.
4. A discussion of Professional Administration, Self Administration Assist and the use of Structures to facilitate appropriate disbursement

Presenters

David Cherry, Esquire
Owner, The Cherry Firm, PC

David R. Cherry, Esquire is the owner and driving force behind a law practice built with an emphasis on workman’s’ compensation & serious personal injury. His practice encompasses all types of personal injury including a focus on representing catastrophically injured clients. He holds the distinction of negotiating one of the highest workers’ compensation settlements in Pennsylvania history and he is a recipient of multiple awards including: AVVO Rating Superb, Pennsylvania Super Lawyers, Top Lawyers (Main Line Today), and Best Lawyers Delaware County.

Cherry completed his undergraduate studies at Boston University (BA 1987). He graduated from Widener School of Law (J.D. 1995) where he was a recipient of the Most Promising Civil Litigator Award. He completed his Master’s Degree in Trial Advocacy at Temple School of Law (LLM 1998). He is admitted to practice law in both Pennsylvania and New Jersey. Cherry is a member of the Pennsylvania Association of Justice (formerly Pennsylvania Trial Lawyers Association), the Pennsylvania and American Bar Associations and is one the first Medicare Secondary Degree Certified lawyers in Pennsylvania. He is a frequent lecturer for several organizations on topics including Worker’s Compensation and Liability Medicare Set Asides.


Rasa Fumagalli, JD, MSCC, CMSP-F
Director of MSP Compliance Services, Synergy Settlement Services

Rasa Fumagalli, JD, MSCC, CMSP-F is an Illinois-licensed attorney and the Director of MSP Compliance Services for Synergy Settlement Services. Prior to joining Synergy Settlement Services, Fumagalli worked as a workers’ compensation insurance defense attorney in the Chicago area. She has spent the last ten years focusing her practice on Medicare Secondary Payer compliance issues. As the former Director and VP of MSP Compliance for a national vendor, she has extensive experience in working with parties to effectuate settlements while addressing Medicare’s interests in a reasonable manner. her knowledge, experience and passion for navigating the intricacies of the Medicare Secondary Payer Act, supporting regulations and CMS allow her to provide valuable and pragmatic guidance in all stages of settlement discussions.

Fumagalli has been an active member of the National Alliance for Medicare Set-Aside Professionals (NAMSAP) organization since 2009. She is the current co-chair of the Communications Committee and a former co-chair of the Liability Committee .

Tom Spratt, CMSP-F
Independent MSP Consultant

After a long career in Casualty insurance handling Workers' Compensation and Liability matters, Tom Spratt has been actively involved in Medicare Secondary Payer compliance since 1999 when he developed a ground-breaking Medicare Secondary Payer compliance program for a national carrier. He has spoken on this subject at national insurance industry conferences as well as training sessions for clients.

He has a long record of active involvement in the insurance industry, serving on committees for the Workers' Compensation Research Institute/WCRI, the Property Casualty Insurers Association of America/PCIAA and the Strategic Services on Unemployment and Workers' Compensation/UWC. He also served on committees for the National Structured Settlement Trade Association/NSSTA and the National Alliance of Medicare Set-Aside Professionals/NAMSAP as well as the NAMSAP Board of Directors.

He is on the faculty of the CMSP (Certified Medicare Secondary Payer designation program), which is the only program where both the law and allocations make up the curriculum.

He currently is an Independent Consultant with a special focus on Apportioned MSP Allocations in Liability matters in the settlement process.

Webinar Cost

Members: $63
Non-Members: $83

Note: Credit card payments will be assessed a 3.5% convenience fee.

Continuing Education

This webinar has been submitted for approval for one (1) hour of CLCP/CCLCP, CMSP, CMSP-F, CWCP, CGCM, and MSCC continuing education credits.

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