Barrye Panepinto Miyagi, JD, CMSP-F


Barrye is a Partner at Taylor Porter and the Practice Group Leader for Taylor Porter’s Medicare Secondary Payer (MSP) Compliance Group. She holds a CMSP-Fellow designation, from the Louisiana Association of Self-Insured Employers (LASIE). The certification is one of the most advanced MSP certifications in the nation.

Barrye advises clients in liability, workers’ compensation, and no-fault matters on MSP compliance-related settlement and trial strategy. She also assists defendants and insurers in evaluating all aspects of mandatory reporting under the Medicare, Medicaid, and SCHIP Extension Act (MMSEA) of 2007.

Barrye has authored MSP compliance best practices for Fortune 500 companies, served as lead MSP compliance counsel in large, multi­party cases, and represented clients on MSP compliance issues in federal and state courts. Barrye and her team resolve MSP issues in single plaintiff and multi-party cases. Barrye also handles MSP global lien resolutions on behalf of her clients who seek an efficient means of resolving Medicare and Medicare Advantage Plan interests in mass tort settlements.

Barrye has over 30 years of litigation experience defending mass tort and other personal injury cases. She has handled large-scale litigation and settlement dockets. She works with plaintiff and defense firms across the nation to establish MSP-compliant settlements. As a result of her experience, Barrye brings a unique perspective to MSP compliance issues and is an asset to her clients who seek guidance on all aspects of claim resolution.

Barrye is a frequent speaker on MSP Compliance and has presented to the Defense Research Institute, the National MSP Network, RISE, and the Federal Bar Association to name a few.

Barrye attended Harvard Law School’s Professional Instruction for Lawyers - Mediation Workshop.

In the community, Barrye is an active volunteer with Theatre Baton Rouge (TBR). She previously served on the TBR Board of Directors and Board of Advisors and has chaired and served on numerous TBR committees.

Barrye serves as Chair of the Taylor Porter Diversity Committee.

Representative Experience- MSP Compliance:

  • Implemented MSP compliance programs for clients
  • Evaluated Section 111 registration and reporting obligations for various types of entities
  • Evaluated Medicare, Medicare Advantage Plan, and Medicaid interests in personal injury awards, settlement funds, and trusts and assisted clients with assessment of related risks
  • Drafted and successfully opposed pre-trial motions and Motions to Enforce Settlements involving MSP issues
  • Established global lien resolution agreements in large multi-plaintiff cases
  • Led defense efforts resulting in MSP Case Management Order for the 19th JDC, Parish of East Baton Rouge

Representative Experience 

  • Representation of global energy, refining and chemical companies in premises and products liability asbestos, benzene, and NORM-related claims and in negotiations with some of Louisiana’s most prominent plaintiff firms
  • Managed large asbestos and hearing loss dockets
  • 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

Articles, Publications and Presentations

  • "ECS Compliance Solutions: The Two Legal Sides of the MSP Coin," ExamWorks Compliance Solutions, Webinar, July 27, 2023.
  • “Episode 32: Diving Deep Into Liability MSP Issues,” The National MSP Network, Podcast, May 12, 2023.
  • "Medicare Myth Busting: Mandatory Medicare Reporting Misconceptions & Mistakes: Part 1 - Civil Monetary Penalties: Who is the Responsible Reporting Entity?" The Brief Case: DRI Committee News, Volume 2, Issue 3, March 2023
  • “Medicare Myth Busting: Mandatory Medicare Reporting Misconceptions & Mistakes: Part 1,” WorkCompCentral, Webinar, May 11, 2023
  • Maximize Information Received Through the PAID Act,” RISE MSP World Conference, Tampa, Florida, March 2, 2023
  • "The Current Status of Medicare Set Aside Appeals,” RISE MSP World Conference, Tampa, Florida, March 2, 2023
  • “Industry Leaders Wrap Up Discussion," RISE MSP World Conference, Tampa, Florida, March 3, 2023
  • "Publication of Final Rule on MMSEA Section 111 Reporting Civil Monetary Penalties Delayed," The Taylor RePorter Legal Blog, February 21, 2023
  • "The December 5, 1980 Policy: Resolve Inconsistent Exposure Allegations Prior to Settlement," The Taylor RePorter Legal Blog, January 25, 2023
  • “Shore is Nice: Quick Defense Hits Series: The PAID Act,” DRI Asbestos Medicine Seminar, November 2-4, 2022
  • “MSP Private Cause of Action: The Trend Continues,” The Taylor RePorter Legal Blog, October 27, 2022
  • “Squaring Up: Global Settlements, Mass Torts, and Medicare Liens,” The National MSP Network, Annual Education Conference, September 21-23, 2022
  • “Gallardo v. Marstiller: The Supreme Court Opines on Medicaid Reimbursement Rights,” The Taylor RePorter Legal Blog, June 16, 2022
  • “Getting MSP Right: Important Updates on CMS Compliance for Claims Adjusters, Insurance Companies and the Self-Insured,” DRI and MARC, December 14, 2021
  • "Medicare Secondary Payer Legal & Policy Update," Louisiana Association of Self-Insured Employers (LASIE) Legislative Recap and Open Forum, Baton Rouge, July 14, 2021
  • "Minimizing Risks of Medicare Secondary Payer Claims: Update on the PAID Act," The Taylor RePorter Legal Blog, June 29, 2021
  • “Medicare Secondary Payer Compliance: Section 111 Reporting Updates, Alerts, and More,” Baton Rouge Bar Association CLE By The Hour, December 30, 2021
  • "Updates in Medicare Secondary Payer Compliance," Baton Rouge Bar Association CLE By The Hour, December 30, 2020
  • "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 MSP: 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,” The Taylor RePorter Legal Blog, July 19, 2017
  • “Common Myths about the Medicare Secondary Payer Act and Section 111 of the Medicare,  Medicaid, and SCHIP Extension Act of 2007 (“Section 111”),” The Taylor RePorter Legal Blog, June 17, 2017
  • "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
  • "RREs Take Note: CMS Makes Policy Changes to Section 111 Reporting RulesThe Taylor RePorter Legal Blog, June 7, 2023

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