Magistrate’s Recommendation Rejected in Humana Case

This past March we wrote about the Magistrate’s recommendation to the Judge handling the Humana Insurance Co. v. Farmers Texas County Mutual Insurance Co. Cause No. 13-CV-611-LY to dismiss the claim. Our analysis of that recommendation can be found here. In brief, we...

CMS Clarifies Threshold Exemption – Through Technical Alert

This past February, CMS published a MSP exemption as required by the SMART legislation.  On November 15th of each year, SMART requires the Secretary to publish calculations for this important exemption that applies liability settlements, judgments, awards or other...

Medicare Advantage Plan Prevails Against Beneficiary

In Cupp vs. Humana, the Federal District Court granted Humana, a Medicare Advantage Plan, dismissal of the complaint against it.   The Medicare beneficiary was involved in an automobile accident and injured. He presented a claim against the responsible driver, and its...

Medicare Advantage Plan Loses Another Round

The Medicare Advantage Plan’s (MAP) struggle to establish reimbursement rights on par with traditional Medicare can be compared to a championship boxing match. It’s the middle of Round 4 and the MAP has been knocked down for the second time.   Parties...