Barrye Panepinto Miyagi, JD, CMSP

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Biography

Barrye Panepinto Miyagi, JD, CMSP, is a Partner at Taylor Porter. She practices in the areas of general litigation, toxic tort defense, alternative dispute resolution, and Medicare Secondary Payer and MMSEA (Section 111) Compliance.

Barrye has more than 25 years of experience defending some of the region’s most prominent petrochemical, energy and manufacturing companies. She defends premises owners in chemical exposure cases and other personal injury claims. She also defends premises and product manufacturers in asbestos-related cases. Barrye has managed large dockets of asbestos-related and hearing loss cases. She is dedicated to addressing her client's specific needs, whether that be litigating a case or working towards a cost-effective, reasonable resolution.

Barrye also has significant experience in handling settlement and litigation issues related to the Medicare Secondary Payer Act. Barrye counsels businesses on the Medicare rules and regulations, including identifying and resolving Medicare’s interest in settlements and judgments, as well as complying with Section 111 of the Medicare, Medicaid and SCHIP Extension Act.

Barrye has written Medicare corporate compliance programs for Fortune 500 Companies, drafted and successfully argued motions to ensure that parties comply with the Medicare regulations and served as the lead defense lawyer addressing Medicare compliance issues in large, multi-party asbestos, benzene and NORM-related matters.

Barrye is certified by the Louisiana Association of Self Insured Employers (LASIE) as a Certified Medicare Secondary Payer (CMSP) Professional. The CMSP certification is designed to identify those professionals who work within the workers’ compensation and liability insurance industry and have demonstrated superior knowledge and skills in the field of Medicare Secondary Payer Compliance.

Barrye has experience as a mediator. She attended Harvard Law School’s Professional Instruction for Lawyers - Mediation Workshop. She also has served as the Attorney-Chair on Medical Review Panels and Accounting Review Panels.

Barrye is AV-rated by the Martindale-Hubbell legal directory.

Barrye earned her J.D., in 1992, from the LSU Law Center, where she was Chairman of the LSU Moot Court Board from 1991 to 1992. She served as a Faculty Member of the LSU Trial Advocacy Program in 1999. Barrye earned her B.S. from LSU in 1989.

In the community, Barrye currently serves on the Theatre Baton Rouge Board of Advisors on both the Strategic Development and Board Development committees.

Representative Experience:

•Representation of global energy, refining and chemical companies in premises and products liability asbestos-related claims and in negotiations with some of Louisiana’s most prominent plaintiff law firms.
•Managed large asbestos and hearing loss dockets for Fortune 500 companies.
•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.

Representative Experience - Medicare Compliance:

•Implementing Medicare reporting and compliance programs for major oil companies.
•Evaluating Section 111 registration and reporting obligations for numerous clients.
•Evaluated Medicare and Medicare Advantage Plan interests in personal injury awards or settlement funds paid to plaintiffs and assisted clients with assessment of any related risks.
•Successfully opposed numerous Motions to Enforce Settlements in which Medicare's interests were not protected.
•Led defense efforts resulting in Medicare Case Management Order for the 19th Judicial District Court, Parish of East Baton Rouge.

Articles, Publications and Presentations

•“Cutting Through the Red Tape: A Discussion Regarding Practical Solutions to the MSP Act and the Importance of a Medicare Compliance Policy, ” Taylor Porter In-House Counsel CLE Seminar, February 2019
• How to Win at Trial - Hint: Pre-Trial Prep is the Key, Panelist, CLE Seminar, Louisiana State Bar Association Midyear Meeting, January 2019
•“The Medicare Secondary Payer Act: Common Mistakes and Tips for Compliance, ” Baton Rouge Bar Association CLE by the Hour, December 2018
• The Medicare Secondary Payer Act: What You Don't Know May Hurt You, Federal Bar Association Baton Rouge Chapter CLE, July 2018
• PAID Act Would Provide Clarity on Medicare Secondary Payer and Medicaid Reimbursement Obligations, June 2018
• New, Unique Medicare Numbers to Replace Social Security Numbers on Cards by End of 2019, November 2017
• Ten Things Defendants Should Know About Reimbursing Medicare and Reporting Payments to Medicare
•“Common Myths about the Medicare Secondary Payer Act and Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“Section 111”)”
• STOP. Don't Ignore That Letter: Medicare’s Commercial Repayment Center
• Medicare Advantage Plans, Client Presentation, 2017
• Hot Topics in Medicare Secondary Payer Compliance - DRI Asbestos Medicine Seminar, Nov. 2016
• The Medicare Secondary Payer Act and Mandatory Reporting Requirements: Driving Through The Fog, DRI Toxic Torts and Environmental Law Seminar, 2012
•Adjunct Professor, National Institute for Trial Advocacy Annual Program, LSU, 1999
•Mediation from the Client's Perspective
•The Statutory Employer Defense

Accreditations

Certified Medicare Secondary Payer (CMSP) Certification, Louisiana Association of Self Insured Employers (LASIE)

Community Service Boards and Memberships

Theatre Baton Rouge, Board of Advisors;
- Chair, Board Development, 2013-2017; Strategic Development Committee
- Chair, Beaux Arts Ball, 2011-2012

Baton Rouge Bar Association Pro Bono Project (VIP), Member

Riverbend Homeowners Association, Former Board Member

Volunteers in Public Schools, Glen Oaks Middle School, Former Volunteer

National Moot Court Competition, Judge

LSU Law Center Appellate Advocacy Program, Judge

LSU Law Center Moot Court Final Freshman Oral Arguments, Judge, 2003-2004

Mid City Fix-Up, Young Lawyers Division, Baton Rouge Bar Association, Former Chair and Co-Chair, 1996-1997

Areas of Practice (7)

  • Occupational Exposure and Toxic Tort Litigation
  • Premises Liability
  • Products Liability
  • Medicare Secondary Payer and MMSEA (Section 111) Compliance
  • Public Works Act
  • Private Works Act
  • Construction

Education & Credentials

Contact Information:
225.381.0207  Phone
225.215.8760  Fax
www.taylorporter.com
University Attended:
Louisiana State University, B.S., 1989
Law School Attended:
Paul M. Hebert Law Center, Louisiana State University, J.D., 1992
Year of First Admission:
1992
Admission:
1992, Louisiana
Memberships:

Professional Memberships and Associations

Louisiana State Bar Association

Baton Rouge Bar Association

Louisiana Association of Defense Counsel

Defense Research Institute

Reported Cases:
Representative Experience: Representation of a major energy company in the development of its Medicare reporting and compliance program; Representation of global energy, refining and chemical companies in premises and product liability asbestos-related claims and in negotiations with some of Louisiana's most prominent plaintiffs law firms; Defended civil claims against petrochemical company in personal injury and property damage cases arising out of the transportation and disposal of radioactive materials; Defended petrochemical company in claims arising out of alleged chemical exposure. The case was tried to verdict and the client was exonerated by a jury; Representation of several multinational manufacturing companies in personal injury claims which were successfully removed to federal court and dismissed with prejudice via summary judgment under the Louisiana statutory employer doctrine; Representation of numerous industrial clients in benzene-related personal injury claims; Representation of industrial clients in hearing loss cases; Successfully mediated and settled hundreds of claims each year as the lead negotiation lawyer for the toxic tort defense group; Successfully mediated a wide variety of civil claims; Served as the attorney-chair in numerous medical malpractice cases
ISLN:
900756915

Peer Reviews

4.9/5.0 (3 reviews)
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    4.9/5.0
  • Analytical Capability

    4.9/5.0
  • Judgment

    4.9/5.0
  • Communication

    4.9/5.0
  • Legal Experience

    4.9/5.0
  • 5.0/5.0 Rated by a Partner on 03/30/12 in Medicare and Medicaid

    Barrye is very detail-oriented and has a keen sense of what is important.

    Barrye is very detail-oriented and has a keen sense of what is important. Read less

    Read less
  • 5.0/5.0 Rated by a Partner on 03/14/12 in Litigation

    Excellent lawyer; very well regarded by bench and bar

    Excellent lawyer; very well regarded by bench and bar Read less

    Read less

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (2)

Documents by this lawyer on Martindale.com

Baton Rouge, Louisiana

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