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TMCNet:  Insurance Law Podcast Discusses the Impact of the New SMART Act on Medicare Beneficiary Settlements

[February 27, 2013]

Insurance Law Podcast Discusses the Impact of the New SMART Act on Medicare Beneficiary Settlements

OLDWICK, N.J. --(Business Wire)--

A.M. Best Co. has released the latest installment of the Insurance Law Podcast, a series that examines timely insurance issues from an attorney's point of view.

The latest episode features attorneys Rey Alvarez and Kate Kmiec from the Florida law firm of Luks, Santaniello, Petrillo & Jones, who will discuss the SMART Act. Signed into law earlier this year, the SMART Act is aimed at making more efficient settlements with Medicare beneficiaries and is estimated to reduce Medicare spending by $45 million over the next 10 years. In this podcast, Mr. Alvarez and Ms. Kmiec address some of the important provisions of the Act, the number of settlements affected, how the new law impacts insurers, and changes in the way the parties may need to approach settlement negotiations. Practice pointers on handling a settlement in a case involving the new SMART Act are also offered.

Mr. Alvarez, with the firm's Miami office, is the Managing Attorney for the Medicare Lien Negotiation, Set-Aside and Workers' Cmpensation department. He has more than a decade of experience in preparing Medical Cost Projections, Medicare Set-Asides and Conditional Payment Lien negotiations with the Centers for Medicare & Medicaid Services (CMS). In 2011, Mr. Alvarez co-authored a Medicare White Paper (News - Alert) that was published in Trial Advocate Quarterly, a publication of the Florida Defense Lawyers Association, as well as several Workers' Compensation articles published by the WC Section of The Florida Bar.

Admitted in 2001, Ms. Kmiec is an attorney in the Liability division of the firm's Orlando office. She represents insurers and self-insured businesses in matters involving complex litigation and serious injury. Prior to joining Luks, Santaniello, Petrillo & Jones, Ms. Kmiec served on active duty in the United States Navy's Judge Advocate General's Corps as Military Defense Counsel and also as Acting Officer in charge of the Naval Legal Service Office in Guantanamo Bay, Cuba.

Luks, Santaniello, Petrillo & Jones, with seven offices statewide in Florida, is listed in Best's Directories of Recommended Insurance Attorneys and Adjusters, the most authoritative and detailed reference for locating qualified legal counsel, independent insurance adjusting services and expert service providers since 1928. Learn more at

Listen or subscribe to the Insurance Law Podcast at

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