42 CFR 411.37 - Amount of Medicare recovery when a primary payment is made as a result of a judgment or settlement

Cite as42 CFR 411.37
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61 practice notes
  • State v. Peters, No. 17855.
    • United States
    • Supreme Court of Connecticut
    • May 27, 2008
    ...government has chosen to enact a pro rata reduction policy for medicare reimbursements, but has not done the same for medicaid. See 42 C.F.R. § 411.37(a)(1) (2006) ("[m]edicare reduces its recovery to take account of the cost of procuring the judgment or settlement . . . if—[i] [p]rocuremen......
  • U.S. v. Baxter Intern., Inc., No. 01-16782.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • September 15, 2003
    ...is the result of a judgment or a litigation settlement, which as a practical matter will almost always take more than 120 days. See 42 C.F.R. § 411.37 (providing that Medicare will deduct from its recovery a pro rata share of attorney fees and other "procurement expenses" incurred to secure......
  • In re Zyprexa Products Liability Litigation, No. 04-MD-1596 (JBW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • September 11, 2006
    ...are incurred because the claim is disputed; and (li)[t]hose costs are borne by the party against which [Medicare] seeks to recover." 42 C.F.R. § 411.37(a). If the. Medicare lien is less than the amount of the settlement, the. reduction for attorneys' fees and expenses is equal to the ratio ......
  • Bobo v. Tenn. Valley Auth., Civil Action No. CV 12-S-1930-NE
    • United States
    • U.S. District Court — Northern District of Alabama
    • September 29, 2015
    ...plaintiffs will be required to pay.160 The amount of the claim recoverable from plaintiffs may be subject to reduction as provided in 42 C.F.R. § 411.37 (2013).161 L. Plaintiffs' SettlementsBarbara Bobo submitted claims for compensation to seventeen asbestos bankruptcy trusts following her ......
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50 cases
  • State v. Peters, No. 17855.
    • United States
    • Supreme Court of Connecticut
    • May 27, 2008
    ...government has chosen to enact a pro rata reduction policy for medicare reimbursements, but has not done the same for medicaid. See 42 C.F.R. § 411.37(a)(1) (2006) ("[m]edicare reduces its recovery to take account of the cost of procuring the judgment or settlement . . . if—[i] [p]rocuremen......
  • U.S. v. Baxter Intern., Inc., No. 01-16782.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • September 15, 2003
    ...is the result of a judgment or a litigation settlement, which as a practical matter will almost always take more than 120 days. See 42 C.F.R. § 411.37 (providing that Medicare will deduct from its recovery a pro rata share of attorney fees and other "procurement expenses" incurred to secure......
  • In re Zyprexa Products Liability Litigation, No. 04-MD-1596 (JBW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • September 11, 2006
    ...are incurred because the claim is disputed; and (li)[t]hose costs are borne by the party against which [Medicare] seeks to recover." 42 C.F.R. § 411.37(a). If the. Medicare lien is less than the amount of the settlement, the. reduction for attorneys' fees and expenses is equal to the ratio ......
  • Bobo v. Tenn. Valley Auth., Civil Action No. CV 12-S-1930-NE
    • United States
    • U.S. District Court — Northern District of Alabama
    • September 29, 2015
    ...plaintiffs will be required to pay.160 The amount of the claim recoverable from plaintiffs may be subject to reduction as provided in 42 C.F.R. § 411.37 (2013).161 L. Plaintiffs' SettlementsBarbara Bobo submitted claims for compensation to seventeen asbestos bankruptcy trusts following her ......
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2 firm's commentaries
  • CMS Issues: Stark Voluntary Self-Referral Disclosure Protocol
    • United States
    • LexBlog United States
    • September 29, 2010
    ...Disclosure Protocol is not a replacement or substitute for the advisory opinion process, which remains available and is described by 42 CFR §§ 411.37 through 411.389. The required elements in the process for participating in SRDP are described in the proposed protocol. You should be aware t......
  • Beware of “Conscious Ignorance” Exception to Mutual Mistake Challenge to a Contract
    • United States
    • LexBlog United States
    • September 8, 2021
    ...the judgment or settlement amount, the recovery amount is the total judgment or settlement payment minus the total procurement costs.” 42 C.F.R. 411.37(d). If no procurement costs or attorney’s fees are reflected on the final settlement detail documentation provide to Medicare at the time o......
4 books & journal articles

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