District Court Indicates That First Circuit May Allow Medicare Advantage Organizations to Sue Primary Payers for Double Damages under the MSP Act
Heather Schwartz Sanderson
The Wild Wild West of Medicare Advantage Organizations (MAOs) filing litigation nationwide against primary plans (workers’ compensation, liability or no-fault carriers/plans) to establish the right to a Medicare Secondary Payer (MSP) private cause of action for failure to reimburse the MAO for unreimbursed conditional payments continues. As of our last update, both the 3rd Circuit (encompassing New Jersey, Delaware and Pennsylvania) and 11th Circuit (encompassing Alabama, Georgia and ...
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