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MEDICARE WHITE PAPER - JUNE 2, 2011

Daniel Santaniello and Reinaldo (Rey) Alvarez of Luks, Santaniello, Petrillo & Jones have co-authored a Medicare White Paper. The White Paper was developed in collaboration with the Florida Defense Lawyer’s Association and was published in Trial Advocate Quarterly (Fall 2011). It was also distributed at the 15th Annual Florida Liability Claims Conference in Orlando, Florida, on June 2, 2011.

The Medicare Paper discusses the history of the Medicare Secondary Payer (MSP) Act and how to address Medicare in Liability Settlements. The paper presents risk analyses and early identification strategies that will help primary payers decide how to proceed and how to limit potential exposure and guide the claims professional on how to address Medicare in settlements. The defense perspective on Section 111 Reporting, addressing Medicare’s Conditional Payments in the settlement and taking into account Medicare’s interest for future Medicare payments is presented. The report also provides Best Practices tips for the practitioner and responsible reporting entities.

A second White Paper is planned in conjunction with the Florida Justice Association with the intent to provide both a plaintiff perspective and joint perspective on these critical issues. For further information or assistance with Luks & Santaniello, please contact Maria Donnelly, Client Relations (mdonnelly@LS-law.com).

Reinaldo (Rey) Alvarez is the Managing Attorney for the Medicare Lien Negotiation, Set Aside and Workers’ Compensation Department of Luks & Santaniello. He has more than ten years of experience in preparing Medical Cost Projections, Medicare Set Asides and Conditional Payment Lien negotiations with CMS. Contact: Direct: 954.847.2957 or E-mail ralvarez@LS-law.com.

Daniel Santaniello is a Principal and Founding Partner of Luks, Santaniello, Petrillo & Jones. He practices in the areas of Wrongful Death and Insurance Defense and handles settlements and trials of catastrophic losses. He is a director with the Florida Defense Lawyer’s Association, is AV® Preeminent ™ Rated by Martindale-Hubbell and Board Certified in Civil Trial by the Florida Bar. Contact: Direct: 954.847.2911 or E-mail DJS@LS-law.com.

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