Conditional Payments

Ohio court rules that Medicare Advantage Plans can sue insurers for “double damages” under the MSP

The United States District Court for the Northern District of Ohio is the latest court to weigh-in regarding the ongoing issues and questions concerning the applicability of the Medicare Secondary Payer (MSP) statute’...

Illinois court dismisses Medicare Advantage Plan suit for “double damages” on standing grounds

In MAO-MSO Recovery II, LLC v. State Farm , 2019 WL 6311987 (C.D. Ill. Nov. 25, 2019), [1] the United States District Court for the Central District of Illinois found that an assignee of a Medicare Advantage Plan (MAP...

Law Firm Reaches Settlement with U.S. Department of Justice to Reimburse Medicare Conditional Payments and Start Internal MSP Compliance Program

The United States Department of Justice (DOJ) for the Eastern District of Pennsylvania has issued a news release reporting that a Philadelphia personal injury law firm has agreed to pay the government $28,000.00 to...

Eye on the courts: Florida’s collateral source rule does not apply to future Medicare payments

In an interesting new case in Florida, the court was called upon to address whether and how a plaintiff’s Medicare benefits should be considered in terms of evidence presented at trial. In Joerg v. State Farm Mutual...

A Recipe for Confusion: Medicare Conditional Payment Compliance in Asbestos-Related Workers' Compensation Claims

Medicare conditional payment compliance is difficult enough. When you add complex asbestos-related workers' compensation claims to the mix, it can create a recipe for confusion for insurance carriers, self-insureds, a...