HHS' Position on MAOs' Access to MSP Private Cause of Action Allows for Double Damages
As I recently wrote about, on September 4, 2020, the United States Court of Appeal for the 11th Circuit published its opinion on MSP Recovery Claims, Series LLC, v. ACE American Insurance Company, concluding that n light of the text, purpose, and "persuasive agency interpretation" of § 1395y(b)(3)(A), the court holds that Medicare Advantage Organization (MAO) contractors, third party administrators, management organizations, physician associations, and downstream ...
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