Since 1980, Medicare has been entitled to recoup funds it has paid conditionally to cover Medicare recipients' health care, where those recipients make claims that are subsequently settled or result in a damage award at trial. 42 U.S.C. ' 1395y(b).
Practice Tip: Medicare Secondary Payer Reporting Requirements Complicate Settlement
This article explores some of the practical impacts of the MMSEA on settlement of product liability cases. It does not address the reimbursement process vis-'-vis judgments or claims involving ongoing or future medical treatment, although some of the same principles and procedures apply.
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Sarah L. OlsonThis premium content is locked for LawJournalNewsletters subscribers only
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