In any liability matter involving bodily injury, to ensure compliance with Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007, the Medicare Secondary Payer Act and the rules and regulations promulgated thereunder (“MSP”), Counsel shall:
- As early in the litigation as possible, utilize written discovery or other available means to determine whether a plaintiff alleging bodily injury is or has ever been Medicare eligible;
- Collect all requisite reporting data necessary for compliance with MSP prior to the execution of a settlement agreement with a Medicare eligible plaintiff;
- Hold or require plaintiff’s counsel to hold all settlement proceeds in an escrow fund or client trust account until any outstanding Medicare reimbursement claims associated with the plaintiff’s alleged injury have been resolved and Medicare’s written confirmation of such resolution has been obtained.
Counsel shall consult with The Hartford in the event that he/she has any questions regarding these requirements, or if these requirements cannot be satisfied in a timely manner.