MSP Medicare Advantage Plan Recovery Rights Case Law Rampant
Heather Schwartz Sanderson
The Medicare Advantage Plan (MAP) system continues to grow; according to the Kaiser Family Foundation, as much as 31% of the Medicare population in the United States is also enrolled in a Medicare Advantage Plan. Recently, we have seen a great deal of case law where courts have had the difficult to task in deciphering whether MAPs and MAP beneficiaries can seek to benefit from the MSP private cause of action, 42 USC §1395y(b)(3)(A), which was previously only thought to exist for ...
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