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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),

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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  have represented injured workers and their families who have suffered occupational accidents and illnesses.


Blog: Workers ' Compensation

Twitter: jongelman

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Author: "Workers' Compensation Law" Thomson-Reuters