Medicare Secondary Payer (MSP) in Third-Party Liability Cases (Preview)

Medicare is paying for more care, for more people, for longer—and that’s exactly why the Medicare Secondary Payer (MSP) framework matters so much in third-party liability cases. In this program, John V. Cattie Jr, managing partner of Cattie & Gonzalez, PLLC, explains how the MSP statute evolved from the early days of Medicare through key legislative, regulatory, and case law developments, including MMSEA Section 111 and the growth of Medicare Advantage and Part D recovery rights. He breaks down the core idea behind MSP—that the party truly responsible for a medical bill should pay it—and shows how that plays out in auto, premises liability, and other third-party claims involving Medicare beneficiaries.

Cattie walks attorneys through the three essential MSP components in liability cases: conditional payments for past medicals (“Medicare liens”), mandatory insurer reporting (MIR/Section 111), and future medicals/Medicare Set-Asides (MSAs). Using statutory language, regulatory guidance, and real-world practice tips, he explains who can be on the hook for reimbursement (including carriers, firms, and beneficiaries), how the seven-step conditional payment recovery process works, what MIR data must be reported and when, and how to think about future medical exposure—even in the absence of formal liability MSA rules. This preview helps plaintiff and defense counsel alike spot MSP risk, plan for compliance, and keep settlements from triggering unexpected federal enforcement, penalties, or double-damages actions.

We’re thrilled to announce Lawline’s expansion into Ontario, Canada! This course is approved for CPD credit by the Law Society of Ontario.

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