Barrye Panepinto Miyagi, JD, CMSP-F, is a Partner at Taylor Porter. She practices in the areas of general litigation, toxic tort defense, alternative dispute resolution, and Medicare Secondary Payer and MMSEA (Section 111) Compliance.
Barrye has more than 25 years of experience defending some of the region’s most prominent petrochemical, energy and manufacturing companies. She defends premises owners in chemical exposure cases and other personal injury claims. She also defends premises and product manufacturers in asbestos-related cases. Barrye has managed large dockets of asbestos-related and hearing loss cases. She is dedicated to addressing her client's specific needs, whether that be litigating a case or working towards a cost-effective, reasonable resolution.
Barrye also has significant experience in handling settlement and litigation issues related to the Medicare Secondary Payer Act. Barrye counsels businesses on the Medicare rules and regulations, including identifying and resolving Medicare’s interest in settlements and judgments, as well as complying with Section 111 of the Medicare, Medicaid and SCHIP Extension Act.
Barrye has written Medicare corporate compliance programs for Fortune 500 Companies, drafted and successfully argued motions to ensure that parties comply with the Medicare regulations and served as the lead defense lawyer addressing Medicare compliance issues in large, multi-party asbestos, benzene and NORM-related matters.
Barrye is certified by the Louisiana Association of Self Insured Employers (LASIE) as a Certified Medicare Secondary Payer (CMSP) Professional. The CMSP certification is designed to identify those professionals who work within the workers’ compensation and liability insurance industry and have demonstrated superior knowledge and skills in the field of Medicare Secondary Payer Compliance.
Barrye has experience as a mediator. She attended Harvard Law School’s Professional Instruction for Lawyers - Mediation Workshop. She also has served as the Attorney-Chair on Medical Review Panels and Accounting Review Panels.
Barrye is ranked by her peers in Best Lawyers in America® (2020) in Product Liability Litigation - Defendants. She is also AV-rated by the Martindale-Hubbell legal directory.
Barrye earned her J.D., in 1992, from the LSU Law Center, where she was Chairman of the LSU Moot Court Board from 1991 to 1992. She served as a Faculty Member of the LSU Trial Advocacy Program in 1999. Barrye earned her B.S. from LSU in 1989.
In the community, Barrye currently serves on the Theatre Baton Rouge Board of Advisors on both the Strategic Development and Board Development committees.
Barrye serves as Chair of the Taylor Porter Diversity Committee.
- Representation of global energy, refining and chemical companies in premises and products liability asbestos-related claims and in negotiations with some of Louisiana’s most prominent plaintiff law firms.
- Managed large asbestos and hearing loss dockets for Fortune 500 companies.
- Defended petrochemical companies in claims arising out of alleged accidents and/or chemical exposure on their premises.
- Representation of construction companies in contract disputes and collection matters.
- Representation of local subcontractor in matters involving the Louisiana Private Works Act and the Louisiana Public Works Act.
- Successfully tried a breach of contract and breach of warranty dispute case arising out of a defective steam turbine.
- Successfully mediated and settled hundreds of claims each year as the lead negotiation attorney for a toxic tort defense group.
- Successfully mediated a wide variety of civil claims.
Representative Experience – Medicare Compliance:
- Implementing Medicare reporting and compliance programs for major oil companies.
- Evaluating Section 111 registration and reporting obligations for numerous clients.
- Evaluated Medicare and Medicare Advantage Plan interests in personal injury awards or settlement funds paid to plaintiffs and assisted clients with assessment of any related risks.
- Successfully opposed numerous Motions to Enforce Settlements in which Medicare's interests were not protected.
- Led defense efforts resulting in Medicare Case Management Order for the 19th Judicial District Court, Parish of East Baton Rouge.
Articles, Publications and Presentations
- "CMS Updates Section 111 NGHP Guide: No Monetary Thresholds for Reporting TPOCs in Exposure Cases," July 3, 2020
- "There’s Still Time to Top Off HSA Contributions for 2019 through COVID Extended Tax Deadline," The Taylor RePorter Legal Blog, June 11, 2020
- "Settling Personal Injury Claims: Section 111 and Civil Monetary Penalties - Is Your Client Compliant?" Louisiana Association of Defense Counsel (LADC) Newsletter, May 1, 2020
- "Louisiana Among States to Receive Approval from CMS for Medicaid Section 1135 Waivers," March 24, 2020
- "CMS Revises NGHP User Guide on Monetary Thresholds for Section 111 Reporting a TPOC," February 13, 2020
- "Navigating the Medicare Secondary Payer Act: Tools, Tips and Trends," LSBA CLE Midyear Meeting, January 2020
- "Navigating the Medicare Secondary Payer Act: Tools, Tips and Trends," LSBA CLE Wrap Up, December 2019
- "Navigating the Medicare Secondary Payer Act: Tools, Tips and Trends," LJC/LSBA Joint Summer School & 2019 LSBA Annual Meeting, Destin, Florida, June 2019
- “Cutting Through the Red Tape: A Discussion Regarding Practical Solutions to the MSP Act and the Importance of a Medicare Compliance Policy,” Taylor Porter In-House Counsel CLE Seminar, February 2019
- "How to Win at Trial - Hint: Pre-Trial Prep is the Key," Panelist, CLE Seminar, Louisiana State Bar Association Midyear Meeting, January 2019
- “The Medicare Secondary Payer Act: Common Mistakes and Tips for Compliance,” Baton Rouge Bar Association CLE by the Hour, December 2018
- "The Medicare Secondary Payer Act: What You Don't Know May Hurt You," Federal Bar Association Baton Rouge Chapter CLE, July 2018
- "PAID Act Would Provide Clarity on Medicare Secondary Payer and Medicaid Reimbursement Obligations," June 2018
- "New, Unique Medicare Numbers to Replace Social Security Numbers on Cards by End of 2019," November 2017
- "Ten Things Defendants Should Know About Reimbursing Medicare and Reporting Payments to Medicare"
- “Common Myths about the Medicare Secondary Payer Act and Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“Section 111”)”
- "STOP. Don't Ignore That Letter: Medicare’s Commercial Repayment Center"
- "Medicare Advantage Plans," Client Presentation, 2017
- "Hot Topics in Medicare Secondary Payer Compliance" - DRI Asbestos Medicine Seminar, Nov. 2016
- "The Medicare Secondary Payer Act and Mandatory Reporting Requirements: Driving Through The Fog," DRI Toxic Torts and Environmental Law Seminar, 2012
- Adjunct Professor, National Institute for Trial Advocacy Annual Program, LSU, 1999
- Mediation from the Client's Perspective
- The Statutory Employer Defense