A decision issued out of the Eleventh Circuit Court of Appeals this week, MSP Recovery, LLC v. Allstate, et. al, 2016 U.S. App. LEXIS 15984 (August 30, 2016) has found that Medicare Advantage Plans (MAPs) may sue a primary plan for a double damages private cause of action under the Medicare Secondary Payer (MSP) Act, without a judgment or settlement finding the primary plan responsible. The “demonstrated responsibility” prerequisite can be satisfied simply by the allegation of the ...
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