Copyright

(c) 2022 Jon L Gelman, All Rights Reserved.

Thursday, August 11, 2022

The Eleventh Circuit Holds 4 Year Statute of Limitations Applies in MSP Private Actions

The 11th Circuit Court of Appeals decided that a four-year statute of limitation applies to private actions pursued under the Medicare Secondary Payer Act [MSPA]. 

Congress passed the Medicare Secondary Payer Act in 1980 to recoup benefits paid by the federal government that are the primary responsibility of a private insurer. In 1986 Congress enacted a private cause of action provision. If the private insurer fails to reimburse the federal government, in this case, a Medicare Advantage Organization [MAO], a private action could be filed by the MAO to seek double damages from the private insurer. §§1395y(b)(2)(B)(iii), 1395y(b)(3)(A).


In a private action, the MSPA does not specify a statute of limitations involved in such an action. The Court adopted a four-year statute of limitations recognizing the 28 U.S.C. §1658(a)s catch-all-limitations period.


MSPA Claims 1, LLC v. Tower Hill Prime Insurance Co, --- F.4th ——, Docket No. No. 21-11135, 2022 WL 3223801 (11 Cir. 2022) Decided 8/10/2022


Recommended Citation: Gelman, Jon L.,   The Eleventh Circuit Holds 4 Year Statute of Limitations Applies in MSP Private Actions, Workers' Compensation Blog, August 11, 2022), https://workers-compensation.blogspot.com/2022/08/the-eleventh-circuit-holds-4-year.html


Related Articles:


Federal Joint Study on Workplace Violence Released 7/24/23


Occupational Safety and Health Administration (OSHA) Safety and Health Topics: Heat Stress

7/29/22


The EEOC Restricts COVID Testing by Employers 7/14/22


Possible Blood Bio-Marker Identified for Long COVID 7/12/22


Burn Pit Claims: US Supreme Court Allows Veteran to Sue a State Agency for Employment Discrimination 6/30/22


"Unmasking COVID" in 2022, Where Are We Now? 6/23/22


….

Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (Thomson-Reuters). For over five decades, the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have represented injured workers and their families who have suffered occupational accidents and illnesses.


Website: www.gelmans.com

Blog: Workers ' Compensation

Twitter: jongelman

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: "Workers' Compensation Law" Thomson-Reuters