Legislative / Case Law
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Understanding Medicare’s Three-Year Dates of Service Limitation
by P. Czuprynski The Medicare Secondary Payer Act requires reimbursement from an insurer or self-insured entity associated with a workers’ compensation, or a liability claim when there is (1) reasonable...
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Chevron Deference Overturned: Potential Impacts on MSP Compliance
by B. Smith and P. Czuprynski In Loper Bright Enterprises v. Raimondo, 2024 U.S. LEXIS 2882, the United States Supreme Court overturned the way courts were ordered to view federal...
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Conditional Payment Case Update: Angelo Et Al v. State Farm Mutual Automobile Insurance Company Et Al
by P. Czuprynski In Angelo et al v. State Farm Mutual Automobile Insurance Company et al, No.2:19cv12165, U.S. Dist. E.D. Mich. Southern Div. (3/26/2024), the Federal District Court in Michigan...
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Court Determines Medicare Advantage Lien Was Invalid in Wrongful Death Med-Mal Action
By B. Smith In Meador v. United States (D. Mass. Feb. 13, 2024)[1], plaintiffs filed a wrongful death action and loss of consortium claim arising from treatment the decedent, an...
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Exploring Conditional Payment Litigation
by P. Czuprynski On 7/12/2023, IMPAXX continued its knowledge series on Medicare Secondary Payer Compliance. In our latest session, Lights, Camera, Action: Exploring Conditional Payment Litigation, we discussed recent federal...
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MSPA Claims/MSP Recovery Not Successful in Eleventh Circuit Appeal – MSP Act Does Not Preempt Insurance Policy or State Law
by J. Mislanovich Recently, the Eleventh Circuit ruled against MSPA Claims/MSP Recovery (MSPR) in MSP Recovery Claims, Series LLC v. United Auto. Ins. Co.[1], finding that the Medicare Secondary Payer...
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Eleventh Circuit Finds Medicare Advantage Plans Subject to Four-Year Statute of Limitations for Private Cause of Action Claims
by B. Smith The Eleventh Circuit Court of Appeals dismissed a private cause of action claim brought by MSPA Claims 1 LLC (Plaintiff) against insurer Tower Hill (Defendants) finding that...