The original article was printed in the August issue of CLM Magazine. It was written by Heather Sanderson and Kimberly Vaughn. The industry has speculated for years whether and when the Centers for Medicare & Medicaid Services (CMS) would seek to enforce civil...
In an opinion out of the United States District Court for the District of New Jersey, Osterbye v. United States, 2020 U.S. Dist. LEXIS 116591 (June 30, 2020), the Court denied Defendant Selective Insurance’s (Defendant) Motion to Dismiss Plaintiff’s suit and...
Just recently, the United States Department of Health & Human Services (HHS) submitted an Amicus Curiae Brief in the Eleventh Circuit in the MSP Recovery Claims, LLC v. Ace American Insurance Company, et al case. A copy of the Amicus Brief can be found here. For...
A recent decision out of Rhode Island demonstrates a common dilemma wherein a Non-Group Health Plan (workers’ compensation, liability, or no-fault insurance carrier or self-insured) Responsible Reporting Entity (RRE) is stuck between a rock and a hard place (Medicare...
A lawsuit filed in in the United States District Court for the Southern District of Texas by the U.S. alleges that the plaintiff attorney in a personal injury action (Carrigan & Anderson, PLLC and Attorney Stephen P. Carrigan individually) failed to reimburse...
As we had blogged about last October, the 9th Circuit in CIGA v. Azar held that CIGA as a Guaranty Fund was not a “primary plan” under the MSP, due to the fact that CIGA pays for medical care only if the insurer is insolvent, and as such the WC claim does not...
