Barrye Panepinto Miyagi JD, CMSP-F
PartnerAbout
Barrye is a Partner at Taylor Porter and the Practice Group Leader for Taylor Porter’s Medicare Secondary Payer (MSP) Compliance Group.
Barrye has over 30-years of litigation experience defending mass tort and other personal injury cases. She has handled large-scale litigation and settlement dockets. Today, she focuses on resolution of complex governmental and private lien issues including the Medicare Secondary Payer Act (MSPA), Medicaid, and Veterans Administration interests.
Barrye advises clients on governmental reimbursement and lien interests in liability, workers’ compensation, and no-fault matters. She has served as lead compliance counsel in large, multi-party cases, represented clients in federal and state courts, and has authored MSP compliance best practices for Fortune 100 and Fortune 500 companies. She is intimately familiar with all aspects of mandatory reporting under the Medicare, Medicaid, and SCHIP Extension Act (MMSEA) of 2007.
Barrye also handles global lien resolutions on behalf of her clients who seek an efficient means of resolving governmental and private interests in mass tort settlements. As a result of her extensive litigation and settlement experience in mass torts, Barrye brings a unique perspective to compliance issues and is an asset to those who seek guidance on all aspects of claim resolution.
Barrye holds a CMSP-Fellow designation, from the Louisiana Association of Self-Insured Employers (LASIE). The certification is one of the most advanced MSP certifications in the nation.
Barrye is a frequent speaker on MSP Compliance and has presented to the Defense Research Institute, the National MSP Network, RISE, the Federal Bar Association, the Louisiana State Bar Association, and the Louisiana Association of Defense Counsel.
Barrye is passionate about diversity, equity, and inclusion (DE&I). She serves as chair of the Taylor Porter Diversity Committee and supports local and national DE&I events.
In the community, Barrye is an active volunteer with Theatre Baton Rouge (TBR). She previously served on the TBR Board of Directors and Board of Advisors and has chaired and served on numerous TBR committees.
About
Barrye is a Partner at Taylor Porter and the Practice Group Leader for Taylor Porter’s Medicare Secondary Payer (MSP) Compliance Group.
Barrye has over 30-years of litigation experience defending mass tort and other personal injury cases. She has handled large-scale litigation and settlement dockets. Today, she focuses on resolution of complex governmental and private lien issues including the Medicare Secondary Payer Act (MSPA), Medicaid, and Veterans Administration interests.
Barrye advises clients on governmental reimbursement and lien interests in liability, workers’ compensation, and no-fault matters. She has served as lead compliance counsel in large, multi-party cases, represented clients in federal and state courts, and has authored MSP compliance best practices for Fortune 100 and Fortune 500 companies. She is intimately familiar with all aspects of mandatory reporting under the Medicare, Medicaid, and SCHIP Extension Act (MMSEA) of 2007.
Barrye also handles global lien resolutions on behalf of her clients who seek an efficient means of resolving governmental and private interests in mass tort settlements. As a result of her extensive litigation and settlement experience in mass torts, Barrye brings a unique perspective to compliance issues and is an asset to those who seek guidance on all aspects of claim resolution.
Barrye holds a CMSP-Fellow designation, from the Louisiana Association of Self-Insured Employers (LASIE). The certification is one of the most advanced MSP certifications in the nation.
Barrye is a frequent speaker on MSP Compliance and has presented to the Defense Research Institute, the National MSP Network, RISE, the Federal Bar Association, the Louisiana State Bar Association, and the Louisiana Association of Defense Counsel.
Barrye is passionate about diversity, equity, and inclusion (DE&I). She serves as chair of the Taylor Porter Diversity Committee and supports local and national DE&I events.
In the community, Barrye is an active volunteer with Theatre Baton Rouge (TBR). She previously served on the TBR Board of Directors and Board of Advisors and has chaired and served on numerous TBR committees.
Representative Experience
Representative Experience – MSP Compliance
- Implemented MSP compliance programs for clients.
- Evaluated Section 111 registration and reporting obligations for various types of entities.
- Evaluated Medicare, Medicare Advantage Plan, and Medicaid interests in personal injury awards, settlement funds, and trusts and assisted clients with assessment of related risks.
- Drafted and successfully opposing pre-trial motions and Motions to Enforce Settlements involving MSP issues.
- Established global lien resolution agreements in large multi-plaintiff cases.
- Led defense efforts resulting in MSP Case Management Order for the 19th JDC, Parish of East Baton Rouge.
Representative Experience
Representative Experience – MSP Compliance
- Implemented MSP compliance programs for clients.
- Evaluated Section 111 registration and reporting obligations for various types of entities.
- Evaluated Medicare, Medicare Advantage Plan, and Medicaid interests in personal injury awards, settlement funds, and trusts and assisted clients with assessment of related risks.
- Drafted and successfully opposing pre-trial motions and Motions to Enforce Settlements involving MSP issues.
- Established global lien resolution agreements in large multi-plaintiff cases.
- Led defense efforts resulting in MSP Case Management Order for the 19th JDC, Parish of East Baton Rouge.
Representative Experience
- Representation of global energy, refining and chemical companies in premises and products liability asbestos, benzene, and NORM-related claims and in negotiations with some of Louisiana’s most prominent plaintiff firms.
- Managed large asbestos and hearing loss dockets.
- Defended petrochemical companies in claims arising out of alleged accidents and/or chemical exposure on their premises.
- Representation of construction companies in contract disputes and collection matters.
- Representation of local subcontractor in matters involving the Louisiana Private Works Act and the Louisiana Public Works Act.
- Successfully tried a breach of contract and breach of warranty dispute case arising out of a defective steam turbine.
- Successfully mediated and settled hundreds of claims each year as the lead negotiation attorney for a toxic tort defense group.
- Successfully mediated a wide variety of civil claims.
Practice Areas
Education
- Paul M. Hebert Law Center, Louisiana State University, J.D., 1992
- Louisiana State University, B.S., 1989
Education
- Paul M. Hebert Law Center, Louisiana State University, J.D., 1992
- Louisiana State University, B.S., 1989
Bar Admissions
- Louisiana, 1992
Bar Admissions
- Louisiana, 1992
Professional Memberships & Associations
- Louisiana State Bar Association
- Baton Rouge Bar Association
- Louisiana Association of Defense Counsel
- Defense Research Institute (Vice-Chair MSP Task Force)
- The National MSP Network (Conditional Payment/Section 111 Committee & Policy and Legislative Committee)
Professional Memberships & Associations
- Louisiana State Bar Association
- Baton Rouge Bar Association
- Louisiana Association of Defense Counsel
- Defense Research Institute (Vice-Chair MSP Task Force)
- The National MSP Network (Conditional Payment/Section 111 Committee & Policy and Legislative Committee)
Awards & Distinctions
- Best Lawyers in America – Product Liability Litigation – Defendants – “Lawyer of the Year” (2022)
- AV Peer Review Rated by Martindale Hubbell
Awards & Distinctions
- Best Lawyers in America – Product Liability Litigation – Defendants – “Lawyer of the Year” (2022)
- AV Peer Review Rated by Martindale Hubbell
Presentations & Seminars
- “Priority Rights of Recovery: The Federal Conundrum,” Epiq’s Mass & Class, Fort Lauderdale, Florida, March 4-6, 2024
- “CMS Final Rule and Section 111 Noncompliance: Reporting Obligations; Audit Methodology; Costly CMPs; Safe Harbor,” Strafford Webinar, January 31, 2024
- “Medicare Reporting and Applicable Civil Money Penalties,” DRI Learning Center Webinar, December 20, 2023
- “ECS Compliance Solutions: The Two Legal Sides of the MSP Coin,” ExamWorks Compliance Solutions, Webinar, July 27, 2023
- “Episode 32: Diving Deep Into Liability MSP Issues,” The National MSP Network, Podcast, Mary 12, 2023
- “Medicare Myth Busting: Mandatory Medicare Reporting Misconceptions & Mistakes: Part 1,” WorkCompCentral, Webinar, May 11, 2023
- “Maximize Information Received Through the PAID Act,” RISE MSP World Conference, Tampa, Florida, March 2, 2023
- “The Current Status of Medicare Set Aside Appeals,” RISE MSP World Conference, Tampa, Florida, March 2, 2023
- “Industry Leaders Wrap Up Discussion,” RISE MSP World Conference
- “Shore is Nice: Quick Defense Hits Series: The PAID Act,” DRI Asbestos Medicine Seminar, November 2-4, 2022
- “Squaring Up: Global Settlements, Mass Torts, and Medicare Liens,” The National MSP Network, Annual Education Conference, September 21-23, 2022
- “Getting MSP Right: Important Updates on CMS Compliance for Claims Adjusters, Insurance Companies and the Self-Insured,” DRI and MARC, December 14, 2021
- “Medicare Secondary Payer Legal & Policy Update,” Louisiana Association of Self-Insured Employers (LASIE) Legislative Recap and Open Forum, Baton Rouge, July 14, 2021
- “Medicare Secondary Payer Compliance: Section 111 Reporting Updates, Alerts, and More,” Baton Rouge Bar Association CLE by the Hour, December 30, 2021
Presentations & Seminars
- “Priority Rights of Recovery: The Federal Conundrum,” Epiq’s Mass & Class, Fort Lauderdale, Florida, March 4-6, 2024
- “CMS Final Rule and Section 111 Noncompliance: Reporting Obligations; Audit Methodology; Costly CMPs; Safe Harbor,” Strafford Webinar, January 31, 2024
- “Medicare Reporting and Applicable Civil Money Penalties,” DRI Learning Center Webinar, December 20, 2023
- “ECS Compliance Solutions: The Two Legal Sides of the MSP Coin,” ExamWorks Compliance Solutions, Webinar, July 27, 2023
- “Episode 32: Diving Deep Into Liability MSP Issues,” The National MSP Network, Podcast, Mary 12, 2023
- “Medicare Myth Busting: Mandatory Medicare Reporting Misconceptions & Mistakes: Part 1,” WorkCompCentral, Webinar, May 11, 2023
- “Maximize Information Received Through the PAID Act,” RISE MSP World Conference, Tampa, Florida, March 2, 2023
- “The Current Status of Medicare Set Aside Appeals,” RISE MSP World Conference, Tampa, Florida, March 2, 2023
- “Industry Leaders Wrap Up Discussion,” RISE MSP World Conference
- “Shore is Nice: Quick Defense Hits Series: The PAID Act,” DRI Asbestos Medicine Seminar, November 2-4, 2022
- “Squaring Up: Global Settlements, Mass Torts, and Medicare Liens,” The National MSP Network, Annual Education Conference, September 21-23, 2022
- “Getting MSP Right: Important Updates on CMS Compliance for Claims Adjusters, Insurance Companies and the Self-Insured,” DRI and MARC, December 14, 2021
- “Medicare Secondary Payer Legal & Policy Update,” Louisiana Association of Self-Insured Employers (LASIE) Legislative Recap and Open Forum, Baton Rouge, July 14, 2021
- “Medicare Secondary Payer Compliance: Section 111 Reporting Updates, Alerts, and More,” Baton Rouge Bar Association CLE by the Hour, December 30, 2021
Articles & Publications
- “RREs Take Note: CMS Makes Policy Changes to Section 11 Reporting Rules,” The Taylor RePorter Legal Blog, June 7, 2023
- “Publication of Final Rule on MMSEA Section 111 Reporting Civil Monetary Penalties Delayed,” The Taylor RePorter Legal Blog, February 21, 2023
- “The December 5, 1980 Policy: Resolve Inconsistent Exposure Allegations Prior to Settlement,” The Taylor RePorter Legal Blog, January 25, 2023
- “MSP Private Cause of Action: The Trend Continues,” The Taylor RePorter Legal Blog, October 27, 2022
- “Gallardo v. Marstiller: The Supreme Court Opines on Medicaid Reimbursement Rights,” The Taylor RePorter Legal Blog, June 16, 2022
- “Minimizing Risks of Medicare Secondary Payer Claims: Update on the PAID Act,” The Taylor RePorter Legal Blog, June 29, 2021
Articles & Publications
- “RREs Take Note: CMS Makes Policy Changes to Section 11 Reporting Rules,” The Taylor RePorter Legal Blog, June 7, 2023
- “Publication of Final Rule on MMSEA Section 111 Reporting Civil Monetary Penalties Delayed,” The Taylor RePorter Legal Blog, February 21, 2023
- “The December 5, 1980 Policy: Resolve Inconsistent Exposure Allegations Prior to Settlement,” The Taylor RePorter Legal Blog, January 25, 2023
- “MSP Private Cause of Action: The Trend Continues,” The Taylor RePorter Legal Blog, October 27, 2022
- “Gallardo v. Marstiller: The Supreme Court Opines on Medicaid Reimbursement Rights,” The Taylor RePorter Legal Blog, June 16, 2022
- “Minimizing Risks of Medicare Secondary Payer Claims: Update on the PAID Act,” The Taylor RePorter Legal Blog, June 29, 2021
Community Service
- Theatre Baton Rouge (Volunteer, Past Board of Directors Member, Past Board of Advisors Member, Past Chair)
- Volunteers in Public Schools (Glen Oaks Middle School, Volunteer)
- Baton Rouge Bar Association Pro Bono Project
Community Service
- Theatre Baton Rouge (Volunteer, Past Board of Directors Member, Past Board of Advisors Member, Past Chair)
- Volunteers in Public Schools (Glen Oaks Middle School, Volunteer)
- Baton Rouge Bar Association Pro Bono Project