Court Rules

PAID Act Reintroduced in 116th Congress

On February 26 th , Congressmen Ron Kind (D-WI) and Guy Bilirakis (R-FL) reintroduced the Provide Accurate Information Directly (PAID) Act as H.R. 1375 into the U.S. House of Representatives. This...

Court Denies “Double Damages” under the MSP’s Private Cause of Action

Currently, there are two questions being litigated that involve who can sue under the Medicare Secondary Payer’s (MSP) private cause of action (PCA) provision and when “double damages” may apply. I...

Preparing for a Fundamental Compliance Shift in Liability Claims

As part of this series, we previously outlined the new dual threats of Medicare Advantage Plans (MAPs) and Liability Medicare Set-Asides (LMSAs). Liability claims are particularly at risk, as these...

MSP Statute Extends Its Reach in the 11th Circuit: Foreshadowing for Liability MSAs?

In our first blog post on this topic, we outlined the new and emerging risks and complications presented by Medicare Advantage Plans (MAPs). As previously indicated, the 11th Circuit Court of Appea...

The Impact of Medicare Advantage Plans on Your Claims: The Risk of Double Damages and Summary Judgment

As outlined in our previous blog post , the 11th Circuit Court in a 2-to-1 decision joined the Third Circuit in finding that Medicare Advantage Plans do have private cause of action rights under th...

Breaking News: 11th Circuit Rules Medicare Advantage Plans Can Sue in Federal Court

In a broad ruling released on August 8, the Eleventh Circuit Court of Appeals expanded the rights of Medicare Advantage Organizations (MAOs) to use Federal Court to sue primary payers and receive...

New Front in Medicare Advantage Battle: Law Firm Targeted

We continue to watch closely the expansion of Medicare Secondary Payer (MSP) recovery concepts to cases involving Medicare Advantage Plans (MAPs). Now, an important new MAP decision has been reache...

Settlement Language Strikes Again New Case Proves Clear Provisions Are Critical

Settlement language is an important aspect of Medicare Secondary Payer (MSP) claims that demands careful consideration. When settlements fail to address key MSP issues or neglect to reflect payer...