42 CFR 411.50 - General provisions

Cite as42 CFR 411.50
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42 practice notes
  • In re Dow Corning Corp., No. 95-20512.
    • United States
    • United States Bankruptcy Courts. Tenth Circuit. U.S. Bankruptcy Court — Eastern District of Michigan
    • June 22, 2000
    ...under which an individual, or a private or governmental entity, carries its own risk instead of taking out insurance with a carrier." 42 C.F.R. § 411.50(b)(2). Nothing in the Joint Motion asks the Court for summary judgment on the ground that the Government has not shown that the Debtor is ......
  • In re Silicone Gel Breast Implants Liab. Litig., No. CV-92-N-10000-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • September 26, 2001
    ...is defined by regulation as a "plan under which ... a[n] entity carries its own risk instead of taking out insurance with a carrier." 42 C.F.R. § 411.50(b). A "plan" is "any arrangement, oral or written, by one or more entities, to provide health benefits or medical care or assume legal lia......
  • Fanning v. U.S., No. 01-3366.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • October 10, 2003
    ...of either the date on which care was provided or when the claim was filed with the insurer, whichever is earlier. See 42 C.F.R. §§ 411.21, 411.50. The MSP defines a "primary plan" as "a workmen's compensation law or plan, an automobile or liability insurance policy or plan (including a self......
  • U.S. v. Baxter Intern., Inc., No. 01-16782.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • September 15, 2003
    ...under which an individual, or a private or governmental entity, carries its own risk instead of taking out insurance with a carrier." 42 C.F.R. § 411.50(b). HHS has purposefully adopted a broad definition of what it means to be self-insured. For instance, the agency does not limit its defin......
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40 cases
  • Cooper Hosp. Univ. Med. Ctr. v. Selective Ins. Co. of Am., A-46 September Term 2020
    • United States
    • United States State Supreme Court (New Jersey)
    • December 22, 2021
    ...interpreted the Secondary Payer Act to apply only to 249 N.J. 179 automobile accidents occurring on or after December 5, 1980. See 42 C.F.R. § 411.50 ; Colonial Penn Ins. Co. v. Heckler, 721 F.2d 431, 440 (3d Cir. 1983). Given DHHS's interpretation of the Act, Medicare was responsible for p......
  • Rose v. Via Christi Health System, Inc., 88,434.
    • United States
    • United States State Supreme Court of Kansas
    • October 31, 2003
    ...insurance, may look to an insurer for primary payment where prompt payment is expected. 42 U.S.C. § 1395y(b)(2)(A)(ii) (2000); 42 C.F.R. § 411.50. Additionally, upon payment of benefits, Medicare obtains a right of subrogation. Medicare may seek reimbursement from a beneficiary's settlement......
  • Fanning v. U.S., 01-3366.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • October 10, 2003
    ...of either the date on which care was provided or when the claim was filed with the insurer, whichever is earlier. See 42 C.F.R. §§ 411.21, 411.50. The MSP defines a "primary plan" as "a workmen's compensation law or plan, an automobile or liability insurance policy or plan (including a self......
  • In re Dow Corning Corp., 95-20512.
    • United States
    • United States Bankruptcy Courts. Tenth Circuit. U.S. Bankruptcy Court — Eastern District of Michigan
    • June 22, 2000
    ...under which an individual, or a private or governmental entity, carries its own risk instead of taking out insurance with a carrier." 42 C.F.R. § 411.50(b)(2). Nothing in the Joint Motion asks the Court for summary judgment on the ground that the Government has not shown that the Debtor is ......
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1 firm's commentaries
  • How Does The New Michigan No-Fault Law Affect Medicare?
    • United States
    • JD Supra United States
    • February 18, 2020
    ...to be made . . . under an automobile . . . insurance policy . . . or under no fault insurance.” (42 U.S. Code § 1395y(b)(2)(A)(ii); 42 CFR Part 411.50(c)(1)) However, on those unexpected occasions when the federal health insurance program has ended up paying for something that No-Fault shou......
1 books & journal articles
  • Vol. 7, No. 6, Pg. 20. Medicare Recovery in Liability Cases.
    • United States
    • South Carolina Bar Journal Nbr. 1996, January 1996
    • January 1, 1996
    ...payment may not be made with respect to any item or service to the extent that payment has been made, or prompt payment (defined under 42 C.F.R. 411.50 as 22days from the date of service) can reasonably be expected to be made, under a liability or no fault insurance policy or plan. However,......

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