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A Message from Donna R. Meyer

I receive calls daily from personal injury attorneys with questions about Special Needs Settlement Planning for disabled plaintiffs, including:

• Preservation of government benefits such as Medicare and Medicaid
• Creating Special Needs Trusts
• Tax and Estate planning issues
• Lien resolution
• Medicare Set Aside allocations (MSA's)
• Qualified Settlement Funds (QSF's)
• Obtaining Court Approval of Settlements
• Guardianship and Conservatorships
• Designing a Settlement that meets the short and long term needs of a disabled plaintiff and family.

Inaugural Issue of the Settlement Planning News

To assist you, my firm, Fitzwater Meyer LLP, is offering this quarterly newsletter to give you the information and resources you need to better understand these issues. This, our 1st issue, includes detailed legal discussions about Medicare Set Asides; the Medicaid and SCHIP Extension Act which requires insurers to report settlements made on behalf of Medicare beneficiaries; the basics of (d)(4)(A) Special Needs Trusts; and the U.S. District Court case of Tristani v. Richman prohibiting Pennsylvania from placing a Medicaid lien on a settlement.

Oregon State Bar CLE
For those of you who were unable to attend the recent OSB CLE on Medicaid Set Asides and Special Needs Trust, we have included below a link to my article entitled Special Needs Planning--Smoothing the Way, a step-by-step primer to make settling a Special Needs case much quicker, less frustrating and less expensive.

OTLA Annual Convention - August 13 - 15, 2009
Fitzwater Meyer LLP is proud to be a Platinum Plus Sponsor for the upcoming OTLA Convention. We will also be staffing an Exhibitor's table with numerous handouts and materials on these complex topics. We hope to see you there.

Medicare Set-Aside Consultant Certification
Donna Meyer and Michael Edgel recently completed a two-day comprehensive course on the Medicare Secondary Payer statute, including Medicare Conditional Payments; Medicare Set-Aside Arrangements; Preparation of MSA Allocations; and Administration of Medicare Set-Aside Arrangements.  The course satisfies the educational requirements for Ms. Meyer and Mr. Edgel to obtain certification as "Medicare Set-Aside Consultant Certified" professionals.

Smoothing the Way: Special Needs Settlement Planning
(article by Donna R. Meyer)

As a tort case nears settlement, the plaintiff, the plaintiff's trial attorney, and the defendant are all understandably anxious to finalize the paperwork and close the case. Often the case has been pending for years, and the trial attorney has advanced significant costs. The plaintiff may have substantial quality of life needs that have been put on hold pending resolution of the case.
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Medicare Set-Asides: Not Required by New Reporting Law, But... (article by Donna R. Meyer)

The advent of stringent reporting obligations for claimants entitled to Medicare has triggered a discussion among legal professionals regarding whether Medicare Set-Asides (MSAs) are required in liability cases under preexisting provisions of the Medicare Secondary Payer Act (MSP). In light of the current uncertainty, here are approaches now being used in liability cases.
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MMSEA: New Teeth for the Medicare Secondary Payer Act

Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) adds new mandatory reporting requirements for insurers to determine whether a claimant is a Medicare beneficiary and report claim information. Ignorance of the law in this area can affect a client's future Medicare eligibility and create exposure to legal malpractice claims.
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The (d)(4)(A) Special Needs Trust: Some Basics Every PI Lawyer Should Know

Trial lawyers can be held liable for failing to inform their clients of the effect suit proceeds can have on their benefits, even years after the matter has ended. While litigators need not become experts in probate and special needs planning, they should be aware of the basics in order to spot the issue and call in a special needs planning attorney.
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Tristani: If Upheld, a Major Change in How Medicaid Seeks Recovery

In Tristani v. Richman a U.S. district court held that Pennsylvania Medicaid could not place a lien on, nor could it seek reimbursement from, monies received in settlement of a lawsuit for injuries that were covered by Medicaid payments for medical services. (U.S. Dist. Ct., W.D., Pa., No. 06-694, March 25, 2009) If the decision is appealed and upheld, it would represent a major change in the way Medicaid seeks recovery.
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