"So the Plaintiff's on Medicare…" - An Attorney's Guide to Taming the Medicare Monster Before and After Settlement

Published by Washington State Association for Justice


Over the last few years, Medicare has inserted itself into the personal injury claims process at every turn. Clients, insurers, even medical providers now must consider Medicare’s interest or face dreaded penalties. It’s made just about everyone paranoid about settling a case no matter who you represent.

Plaintiff’s attorneys are worried about Medicare coming at them years after the claim has resolved. Defendant’s attorneys are constantly reminded that insurers face stiff fines if Medicare doesn’t get paid back. It’s enough to drive you nuts.

This program is designed to bring a little order to the chaos. Step-by-step, you will be taken through each point when Medicare becomes relevant in the claims resolution process, and be given strategies to keep Medicare from impeding an efficient resolution. Answers to questions like:

When should the claim be reported to Medicare? Can/should it only be done by the claimant?
How do I know if Medicare paid for claim related treatment?
What are the differences between Traditional Medicare and Medicare Advantage plans pre & post settlement?
Who has exposure if Medicare isn’t reimbursed? What are the penalties and defenses?
How do I prove Medicare didn’t pay for anything claim related?
Which side is responsible for protecting Medicare’s future interest? Where do our interests align? Can both side work together to deal with the issue of MSAs?
How are the federal courts coming down on these issues?

This and more will be addressed in the presentation and materials provided Steven Shaw of Shaw Legal Solutions.

Steven Shaw
Steven is the founder of Shaw Legal Solutions, a firm providing consulting services for attorneys navigating the Medicare Secondary Payer process. From Lien Resolution services to Medicare Set-Aside arrangements, Shaw Legal Solutions is a one-stop answer to your Medicare Secondary Payer problems.

Steven is a frequent speaker on Medicare Secondary Payer issues at CLEs for the Washington State Association for Justice. He is the editor of the WSAJ Subrogation Deskbook and author of the...More

Originally Published

March 21, 2017

Program Titles and Supporting Materials

This program contains the following components:

  • "So the Plaintiff's on Medicare…" - An Attorney's Guide to Taming the Medicare Monster Before and After Settlement - Video
  • "So the Plaintiff's on Medicare…" - An Attorney's Guide to Taming the Medicare Monster Before and After Settlement - Paper

How To Attend

Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.

Technical Requirements

You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.


If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

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