“The State of Medicare Secondary Payer Act Litigation”
The Medicare Secondary Payer Act allocates responsibility for the payment of Medicare beneficiaries’ medical expenses to other insurers. Courts recently have authorized Medicare Advantage organizations to transform these once-settled tort liability claims into new actions that seek not just reimbursement for paid Medicare benefits, but also an award of double damages. A liability insurer that settled and paid a claim once now is potentially liable for paying the same claim again — two more times, years later.
Read more in this article published on Law360.