Join us for this CLE examining the full timeline of medical benefit issues in personal injury actions. We will explore the lingering impact of past medical liens, assess current damages in litigation, and navigate the complexities of future medical benefits and planning. Gain practical strategies to manage these issues across the life of a case.

The program dissects the complex timeline of a case, starting with the immediate information required during client intake to prevent surprises later. The presenters detail the distinct differences between Social Security Disability, SSI, Medicare, and Medicaid, explaining how asset limits and income caps impact settlement options. Special attention is paid to the liabilities that can haunt settlements long after the fact, such as surprise Medicare demands, strict ERISA self-funded plan reimbursement rights, and the evolving landscape of housing authority rules under HOTMA.

Beyond identifying risks, this course provides concrete solutions for asset preservation. Attorneys will learn how to effectively utilize structured settlements, Special Needs Trusts (SNT), and ABLE accounts to maintain a client's quality of life without sacrificing essential government support. Through the analysis of real-world hypotheticals, the discussion illustrates practical applications for clients of varying ages and disability levels, ensuring that the settlement creates a true safety net rather than a compliance nightmare.

Key learning outcomes and topics include:

• Identifying the critical differences between subrogation and reimbursement rights in ERISA and private health plans.
• Understanding ethical duties regarding competence, diligence, and the notification of third parties holding an interest in settlement funds.
• Strategies for managing Medicare conditional payments and avoiding double damages.
• The specific roles of Special Needs Trusts, Pooled Trusts, and Settlement Trusts in preserving SSI and Medicaid eligibility.
• Best practices for reviewing Power of Attorney and Guardianship documents prior to settlement.
• The financial and tax advantages of structured settlements for plaintiffs across different demographics.