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Wednesday, August 6, 2014

Third Circuit Court of Appeals Enforces Medicare Conditional Payment Collection

The Third Circuit Court of Appeals ruled that a Medicare recipient could not prevent CMS from recovering conditional payments from a liability settlement by holding that the NJ Collateral Source Statute (NJCSS) did not prevent Medicare from recovering medical expenses as part of her damages in a tort suit and that the state court's oder apportioning settlement proceeds did not bar the Federal government from seeking reimbursement for medical expenses.

Taransky v Sec of US HHS No. 13-3483, 214 WL 3719158 (Decided July 29, 2014)