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Monday, December 5, 2011

US Supreme Court Maybe Asked to Rule on CMS Issue: "The Doctrine of Equitable Allocation"

The 6th Circuit Court of Appeals has ruled that The Center for Medicare and Medicaid Services (CMS) is entitled to complete reimbursement of Medicare payments under the Medicare Secondary Payer Act (MSP) from a liability claim even though the beneficiary claimed that the settlement required allocation due to the law allocating liability.


I reported on this case last week:
The Doctrine of Equitable Allocation Not Applicable in a Medicare Secondary Payment Reimbursement Claim



A recent news report indicates that appeal maybe sought to the US Supreme Court.

Medicare payment ruling may hinder workers comp settlements

"A federal appeals court decision that allows Medicare to claim nearly half of a man's liability settlement could hinder insurers' ability to settle such claims and may be an issue that reaches the U.S. Supreme Court."