Our dedicated team aggressively and efficiently streamlines and navigates the Medicare Secondary Payer (MSP) landscape for our clients. The attorneys, nurses, and paraprofessionals at NBKL partner with clients to guide them through the entire process from initial investigation through post-settlement. Our team’s vast experience in workers’ compensation defense, personal injury claims, and MSP compliance makes us industry leaders in achieving optimal claim resolutions while meeting all MSP requirements.

With experience serving as experts in testimony in federal litigation, our attorneys understand the MSP Act and its limitations. We skillfully navigate what is covered by Medicare and the underlying state law on a case-by-case basis so that clients only pay what they owe and nothing more.

What We Do

Our attorneys manage both traditional and non-traditional Medicare Set-Asides (MSA) on behalf of our clients, including:

• Legal Zero MSAs
• Evidence Based Medicine MSAs
• Future medical allocations and Life Care Plans
• Advice and recommendations to mitigate MSA exposure
• Analysis and mitigation of competitor’s MSA proposals

In addition, we offer related services that help us aid clients in all challenges related to Medicare payments they may face, such as:

• Medicare Parts A & B conditional payment analysis, negotiation, and resolution
• Medicare Advantage Plan (Part C) and Prescription Drug Plan (Part D) lien investigation, negotiation, and resolution
• Medicaid conditional payment negotiation and resolution
• Settlement Contract drafting to protect against past and future Medicare exposure
• Settlement consulting on all aspects of MSP compliance in workers’ compensation and liability cases
• Design and implementation of MSP compliance programs
• Expert testimony

Who We Serve

Our team represents a variety of clients involved in Medicare programs nationwide.

We will work to effectively resolve each case and minimize legal fees and overall claims costs for both our existing clients and those looking for a second opinion on their payment responsibility.

How We Do It

Clients come to NBKL when they realize how much more they are paying for Medicare Conditional Payments and Set-Asides than they really owe. We understand the law at both a federal and state level and know how to effectively apply it to claims.

Our decades of collective litigation experience form the foundation for our creative, innovative, and tenacious work. We review every claim file with an eye toward the state law and its limitations and, where needed, work with local counsel to solidify our positions and arguments in support of our mitigation strategies. The breadth and extent of our experience prepare our clients for the best possible outcome.

By closely analyzing the three components to compliance – reporting, conditional payment negotiation or repayment, and future medical – our team provides knowledgeable guidance unique to each case circumstance. We acknowledge every settlement is different, especially as it concerns Medicare issues, and work to ensure that our clients pay no more than they would under the state law.