To Protect Medicare or Not, Is that a Question for the State Court’s to Answer?
Jesse Hamby
March 11, 2013

A few weeks ago, the Superior Court for the State of Connecticut in the Judicial District of Litchfield was presented with a Motion by the Plaintiff to “Determine that the Parties Have Reasonably considered Medicare’s Interests As Required by the Medicare Secondary Payor (sic) Act, 22 U.S.C. §1395v”.  All parties joined the Motion and the Court granted it.  The Centers for Medicare & Medicaid Services (CMS), the agency which administers the Medicare program, was not invited to participate.  Unlike other cases where the State Court has dealt with this issue, the Parties more than likely felt that the invitation would be declined, which is usually the result of such invitations, based on sovereign immunity grounds.  Notwithstanding, this author believes it to be a critical step (to strengthen a defense) should the ruling come under collateral attack by CMS.

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