42 CFR 422.108 - Medicare secondary payer (MSP) procedures
| Cite as | 42 CFR 422.108 |
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66 practice notes
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Parra v. Pacificare of Ariz., Inc., No. 11–16069.
...defines when MAO coverage is secondary, and does not create a federal cause of action in favor of a MAO. PacifiCare also cites 42 C.F.R. § 422.108(f), which provides that MAOs exercise “the same rights to recover from a primary plan, entity, or individual that the Secretary exercises under ......
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Collins v. Wellcare Healthcare Plans, Inc., Civil Action No. 13–6759.
...from a primary plan, entity, or individual that the Secretary exercises under the MSP regulations.’ ” (Rec. Doc. 18–1 at 16) (citing 42 C.F.R. § 422.108(f) ). Wellcare avers that its claim for reimbursement is thus consistent with agency regulations and guidance. (Rec. Doc. 18–2 at 17).B. C......
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Aetna Life Ins. Co. v. Guerrera, CIVIL ACTION NO. 3:17-cv-621 (JCH)
...the same rights to recover from a primary plan, entity, or individual that the Secretary exercises under the MSP regulations...." 42 C.F.R. § 422.108(f).6 Aetna urges the court to accord the regulation deference in keeping with the Chevron doctrine, first articulated in Chevron, U.S.A., Inc......
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Humana Med. Plan, Inc. v. Reale, No. 3D12–2883.
...entity, or individual that the Secretary exercises under the MSP regulations in subparts B through D of part 411 of this chapter.42 C.F.R. § 422.108(f) ; see also Potts, 897 F.Supp.2d at 195. Therefore, because the explicit statutory language of Part C's preemption provision preempts any st......
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67 cases
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Aetna Life Ins. Co. v. Guerrera, CIVIL ACTION NO. 3:17-cv-621 (JCH)
...the same rights to recover from a primary plan, entity, or individual that the Secretary exercises under the MSP regulations...." 42 C.F.R. § 422.108(f).6 Aetna urges the court to accord the regulation deference in keeping with the Chevron doctrine, first articulated in Chevron, U.S.A., Inc......
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MSP Recovery Claims, Series LLC v. Phx. Ins. Co., Case No. 5:19cv00436
...entity, or individual that the Secretary exercises under the MSP regulations in subparts B through D of part 411 of this chapter." 42 C.F.R. § 422.108. The court found that "[t]he plain language of this regulation suggests that the Medicare Act treats MAOs the same way it treats the Medicar......
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Collins v. Wellcare Healthcare Plans, Inc., CIVIL ACTION NO. 13-6759 SECTION "L"(3)
...from a primary plan, entity, or individual that the Secretary exercises under the MSP regulations.'" (Rec. Doc. 18-1 at 16) (citing 42 C.F.R. §422.108(f)). Wellcare avers that its claim for reimbursement is thus consistent with agency regulations and guidance. (Rec. Doc. 18-2 at 17). B. Col......
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Collins v. Wellcare Healthcare Plans, Inc., Civil Action No. 13–6759.
...from a primary plan, entity, or individual that the Secretary exercises under the MSP regulations.’ ” (Rec. Doc. 18–1 at 16) (citing 42 C.F.R. § 422.108(f) ). Wellcare avers that its claim for reimbursement is thus consistent with agency regulations and guidance. (Rec. Doc. 18–2 at 17).B. C......
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1 firm's commentaries
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Unraveling the Conundrum of Medicare Reimbursement
...the amount of the lien if it isn’t satisfied at settlement. This right is provided for in the Medicare Secondary Payer Act. See 42 C.F.R. §422.108(f). The action can be brought against the personal injury attorney or the defendant insurer. The seminal case on this issue is, for now, Humana ......