Class Action by Medicare Advantage Beneficiares Dismissed By Federal Court

A federal class action, by a group of plaintiffs who alleged that they were a class of Medicare-eligible individuals enrolled in a Medicare Advantage plan, and received benefits under part C of the Medicare program, was dismissed by a federal court under the preemption doctrine. In an action removed to Federal court, the plaintiffs sought to bring a class action in state court alleging that New York state law applied regarding reimbursement for for monetary settlements from third-party tortfeasors.

The court ruled that the interpretation of the secondary payer provision of Medicare part C, 42 USC section 1395W-22 (a)(4), preempted any state law provisions.

Meek-Horton v. Trover Solutions, Inc., No. 11 CV 6054(RPP), 2012 WL 6699776, (SD-NY 2012) Decided December 26, 2012

Read more about "The Medicare Secondary Payer Act" and workers' compensation

Workers' Compensation: US Supreme Court Denies CMS-MSP ...

Oct 01, 2012

US Supreme Court Denies CMS-MSP Case - Hadden. 2012 WL 1106757. Supreme Court of the United States. HADDEN, VERNON V. UNITED STATES. No. 11-1197.Oct. 1, 2012. Opinion. The petition for writ of certiorari is ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Legislation Goes to President Obama on ...

Dec 28, 2012

CMS/MSP Requires Deceased Beneficiary Information. CMS has announced that workers' compensation information concerning deceased beneficiaries must be reported by insurance carriers. "We received another question ...

http://workers-compensation.blogspot.com/

Workers' Compensation: CMS/MSP Requires Deceased Beneficiary ...

Apr 03, 2009

CMS/MSP Requires Deceased Beneficiary Information. CMS has announced that workers' compensation information concerning deceased beneficiaries must be reported by insurance carriers. "We received another question ...

http://workers-compensation.blogspot.com/

Federal Court Enjoins CMS From MSP Recovery Procedures

May 18, 2011

"IT IS FURTHER ORDERED that Defendant's demand for payment of her MSP reimbursement claims, under threat of collection actions before there has been a resolution of an appeal regarding the amount of the Defendant's ...

http://workers-compensation.blogspot.com/

Related articles

• Legislation Goes to President Obama on CMS Condition Payment Procedures
• Federal court denies motion to add Medicare secondary reimbursement claims to a pending class action
• Workers' Compensation May Indeed Fall Off the Fiscal Cliff
• RICO Case Against Wal-Mart & CMI Settles for $8 Million

Federal Court Rules That Bankruptcy Court May Transfer Insurance Assets to Trust

The Third Circuit Court of Appeals has ruled that a Bankruptcy Court is permitted to transfer insurance assets to a trust despite policy prohibitions.  


"Federal–Mogul Global and its affiliates filed for Chapter 11 bankruptcy and sought to resolve asbestos-related liability through the creation of a personal-injury trust under 11 U.S.C. § 524(g). As part of its reorganization plan, it sought to transfer rights under insurance liability policies to the trust. Appellants Insurers had provided liability policies to the debtors prior to bankruptcy and objected that the transfer violated the policies' anti-assignment provisions. Federal–Mogul contended that 11 U.S.C. § 1123(a)(5)(B) preempts those provisions, and the bankruptcy and district courts agreed. We will affirm."


"In sum, section 524 trusts are the only national statutory scheme extant to resolve asbestos litigation through a quasi-administrative process. In function, the trusts are similar to workers' compensation or other administrative remedies that employ valuation grids to compensate injuries, subject to individualized and judicial review. Unlike those schemes, the trusts place the authority to adjudicate claims in private rather than public hands, a difference that has at times given us and other observers pause, since it endows potentially interested parties with considerable authority."


In re Federal-Mogul Global
--- F.3d ----, 2012 WL 1511773
C.A.3 (Del.),2012.
May 01, 2012

Related articles

• Delay By Worker Does Not Give Rise To Legal Malpractice (workers-compensation.blogspot.com)
• Privacy: Why Injured Workers Are Stalked With Junk Mail and Nuisance Calls (workers-compensation.blogspot.com)
• Fatal Occupational Injuries and Workers' Memorial Day (workers-compensation.blogspot.com)
• OSHA Cites NJ Store For Safety Violations - Blocked Exits (workers-compensation.blogspot.com)
• NJ Supreme Court To Rule on Several Critical Issues (workers-compensation.blogspot.com)