Click here to read article in the May 2020 LADC (Louisiana Association of Defense Counsel) Newsletter

Taylor Porter Partner Barrye Miyagi had her article "Settling Personal Injury Claims: Section 111 and Civil Monetary Penalties - Is Your Client Compliant?" published in the May 2020 issue of the Louisiana Association of Defense Counsel (LADC) Newsletter.

As we work through the new realm of “normal” in light of Covid-19, many things about our practices have changed. Several legal requirements, especially in the health care industry, have been relaxed. Most trials have been continued and most deadlines extended. However, at least one thing remains constant: The Medicare Secondary Payer Act and Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (“MMSEA” or “Section 111”). The rules on reimbursing Medicare (and Medicare Advantage Organizations) and submitting timely Section 111 reports have not changed. In fact, the Centers for Medicare & Medicaid Services (CMS) has issued a proposed rule which addresses when and under what conditions it will issue Civil Monetary Penalties (CMPs) for failure to comply with the MMSEA. This article addresses the types of Section 111 reports, when Section 111 reports are required and who is authorized to submit Section 111 reports. This article also provides an introduction to the CMS’ Notice of Proposed Rulemaking on Civil Monetary Penalties.

Miyagi is a Certified Medicare Secondary Payer Fellow (CMSP-F), administered by the Louisiana Association of Self Insured Employers (LASIE). The CMSP Fellow certification identifies professionals who work within the workers’ compensation and liability insurance (including self-insurance) industry and have demonstrated superior knowledge and skills in the field of Medicare Secondary Payer Compliance. Miyagi is the Team Leader of Taylor Porter’s Medicare Secondary Payer and MMSEA (Section 111) Compliance group, which  handles settlement and litigation issues related to the Medicare Secondary Payer Act. Miyagi 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. She 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. Miyagi 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.

The LADC is an organization of over 1,400 Louisiana lawyers who are primarily engaged in the defense of civil litigation. Founded in 1963, the LADC endeavors to create quality CLE tailored to individual practices while educating and training members. The LADC provide its members with monthly updates on case law through its newsletter, and presents educational programs and training throughout the year to provide members with the knowledge and skills to be among the top litigators in the region.