Medicare Secondary Payer Act: Implications and Impact on Litigation – A 2015 Perspective

Robert Finley's diverse, multi-jurisdictional civil defense litigation practice includes counsel on Medicare Secondary Payer (MSPA) regulatory and compliance matters affecting interested parties in liability and applicable insurance cases including conditional payment resolution, Medicare Part C Reimbursement claims, future medical settlement considerations, Section 111 reporting compliance/monetary penalties, and statutory private causes of action. His practice is focused primarily in complex, personal injury and employment - based matters, including catastrophic, fatal and brain/psychological injury cases with a substantial amount of experience with jury trials, and representing clients in mediations and arbitration hearings. Mr. Finley also handles commercial causes of action for civil remedies between insurers and medical providers based upon breach of contract, fraud, bad faith, and statutory payment programs. Mr. Finley joined Hinshaw & Culbertson LLP in November 2003 and became a partner in 2008. Recent representative matters include obtaining favorable post-trial relief after jury's itemized verdict finding Defendant trucking company liable to Medicare-eligible Plaintiff, where federal district court's Chief Judge ordered allocation for past and future medical expenses totaling $219,375 payable to court clerk and conditioned release of funds on adequate documentation from Centers for Medicare & Medicaid Services (CMS) considering Medicare's interests. Mr. Finley regularly speaks on best practices under MSPA for liability and insurance professionals including annual engagements at National Institute for Medicare & Medicaid Educational conferences. 

Michael Abate practices appellate and healthcare litigation in the Washington, DC and Louisville, KY offices of Dinsmore & Shohl LLP. Prior to joining Dinsmore, Michael spent more than seven years as an appellate and trial attorney in the Civil Division of the U.S. Department of Justice, briefing and arguing the United States’ most sensitive constitutional, statutory, and administrative law cases in federal courts across the country. For the past two years, Michael has served as national counsel for Humana Inc. in a series of high-profile cases establishing Medicare Advantage Organizations’ rights to sue liability and no-fault insurers for double damages under the Medicare Secondary Payer Act.  Michael is a graduate of Harvard College and Stanford Law School and a former law clerk for Hon. Diana Gribbon Motz on the U.S. Court of Appeals for the Fourth Circuit. 

Zach Pyers is a Partner in the Columbus, Ohio office of Reminger CO., L.P.A., and is licensed to practice in Ohio, West Virginia and the District of Columbia. His practice focuses on civil litigation, including complex litigation, corporate and commercial litigation, professional liability, product liability, and general liability. Zach has represented numerous professions in professional liability claims, including: doctors, nurses, attorneys, accountants, architects, engineers, surveyors, builders, insurance agents, and investment advisors. In addition to his litigation practice, Zach regularly advises clients on Medicare and Medicaid compliance issues.  Zach is an author of numerous publications and a frequent presenter on topics related to Medicare and Medicaid compliance. Zach is an adjunct professor at Capital University Law School where he teaches the Mock Trial Competition Team.