The Ethics of Medicare Secondary Payer: How Present Practices Pose Practical Problems for Plaintiff Practitioners

Published by Workers Injury Law & Advocacy Group and New Hampshire Association for Justice


Attorneys for injured workers struggle with Medicare Secondary Payer issues on certain cases. No matter whether it involves agreeing on a proper MSA figure or actually getting CMS to review and approve the figure, these issues adversely affect a worker’s case, leading to delays in the disbursement of settlement proceeds. Now, with recent guidance from CMS indicating MSAs are a plaintiff issue, not a defense issue, attorneys face additional ethical concerns about whether present procedures utilized by insurance carriers and employers allow them to adhere to their rules of professional conduct. To examine these issues in depth, join John V. Cattie, Jr, an attorney with Garretson Resolution Group, as he leads a discussion comparing those procedures to the ABA Model Rules of Professional Conduct. Afterwards, he will explore a radical new paradigm which allows the attorney to adhere both to CMS guidance and the rules of professional conduct while best protecting the injured worker’s future Medicare benefits. This program is geared towards those seeking CLE credits, specifically ethics credits, and are seeking a way to discourage insurance carriers from continuing with business as usual when it comes to MSAs. We hope you can join us.

John V. Cattie, Jr.
John V. Cattie Jr. is one of the nation’s most well-respected MSP legal scholars. Cattie received his BA from the University of North Carolina and his JD/MBA from Villanova University.

Cattie has personally reviewed or overseen the review of over 10,000 distinct fact patterns. Federal and state court opinions such as Smith v. Marine Terminals of Arkansas, Tye v. Upper Valley Medical Center, and Doe v. Company X cite his analysis favorably. In each case, his client’s future medical...More

Originally Published

February 13, 2014

Program Titles and Supporting Materials

This program contains the following components:

  • The Ethics of Medicare Secondary Payer Video
  • The Ethics of Medicare Secondary Payer Audio
  • The Ethics of Medicare Secondary Payer Paper

How To Attend

Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like.

Technical Requirements

You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.


If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

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