42 CFR 411.24 - Recovery of conditional payments
| Cite as | 42 CFR 411.24 |
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156 practice notes
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Federal claims collection:
Interest rates on overdue debts,
...of the DCIA, the MSP provisions of the Medicare statute (section 1862(b) of the Social Security Act) and implementing regulations (42 CFR 411.24(m)) provide CMS separate, independent authority for assessing interest on delinquent MSP Comment: One commenter noted that proposed Sec. 30.24(b) ......
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In re Dow Corning Corp., No. 95-20512.
...party payer must reimburse Medicare even though it has already reimbursed the beneficiary or other party." Id. at 5 n. 1 (quoting 42 C.F.R. § 411.24(i)(2)). The affirmative obligations that the MSPA places upon an entity such as the Debtor are discussed in greater detail below. Suffice it t......
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In re Silicone Gel Breast Implants Liab. Litig., No. CV-92-N-10000-S.
...that payment for such item has been or could be made under" a pertinent plan or policy. 42 U.S.C. § 1395y(b)(2)(B)(ii); see also 42 C.F.R. § 411.24(e) & (g). The defendants assert that the United States cannot bring suit under the MSP without identifying the persons who received Medicare be......
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Haro v. Sebelius, No. 11–16606.
...of action provision allows the United States to seek reimbursement from “the beneficiary herself.” Zinman, 67 F.3d at 844–45;see also42 C.F.R. § 411.24(g) (Medicare “has a right of action to recover its payments from any entity, including a beneficiary ... [or] attorney ... that has receive......
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125 cases
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In re Dow Corning Corp., No. 95-20512.
...party payer must reimburse Medicare even though it has already reimbursed the beneficiary or other party." Id. at 5 n. 1 (quoting 42 C.F.R. § 411.24(i)(2)). The affirmative obligations that the MSPA places upon an entity such as the Debtor are discussed in greater detail below. Suffice it t......
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In re Silicone Gel Breast Implants Liab. Litig., No. CV-92-N-10000-S.
...that payment for such item has been or could be made under" a pertinent plan or policy. 42 U.S.C. § 1395y(b)(2)(B)(ii); see also 42 C.F.R. § 411.24(e) & (g). The defendants assert that the United States cannot bring suit under the MSP without identifying the persons who received Medicare be......
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Haro v. Sebelius, No. 11–16606.
...of action provision allows the United States to seek reimbursement from “the beneficiary herself.” Zinman, 67 F.3d at 844–45;see also42 C.F.R. § 411.24(g) (Medicare “has a right of action to recover its payments from any entity, including a beneficiary ... [or] attorney ... that has receive......
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Fanning v. U.S., No. 01-3366.
...required to pay interest from the date of this letter. Interest will be calculated at the rate of 13.75% per annum in accordance with 42 C.F.R. 411.24(m). Interest will continue to accrue until the debt is paid, whether or not a waiver of recovery request or appeal is If you do not pay this......
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14 firm's commentaries
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Protecting The Interests Of Medicare Advantage Plans In Settlement Involving Plan Beneficiaries
...also establishes and defines a cause of action by the United States to recover from a primary plan. Id. § 1395y(b)(2)(B)(iii); see also 42 C.F.R. § 411.24 (describing a Government cause of action against a primary plan or any other person that received a primary payment). However, paragraph......
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Medicare Secondary Payer A Lot Less Boring Now
...a beneficiary, provider, supplier, physician, attorney, State agency or private insurer that has received a primary payment." 42 C.F.R. §411.24(g) (emphasis added). Because the defendant lawyer and law firm allegedly "received a primary payment" when they cashed those settlem......
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Medicare Secondary Payer – A Lot Less Boring Now
...a beneficiary, provider, supplier, physician, attorney, State agency or private insurer that has received a primary payment.” 42 C.F.R. §411.24(g) (emphasis added). Because the defendant lawyer and law firm allegedly “received a primary payment” when they cashed those settlement checks from......
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Exploring Options for Conditional Payment Resolution
...that the primary payer has paid or will make, or in the case of a primary payment beneficiary, the amount of the primary payment.” 42 C.F.R. 411.24(c)(1). Section 411.37(d) of the regulations provides: “If Medicare payments equal or exceed the judgment or settlement amount, the recovery amo......
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10 books & journal articles
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Vol. 7, No. 6, Pg. 20. Medicare Recovery in Liability Cases.
...of last resort), with Medicare having authority to recover directly from a Medicaid agency that has received a third party payment. 42 C.F.R. 411.24(j). There is no doubt that the statute and regulations create affirmative duties for beneficiaries, insurers and lawyers to protect Medicare's......
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June 2006 - #2. PERMANENT TOTAL DISABILITY UNDER VERMONT WORKERS' COMPENSATION LAW.
...compensation act which equals such reduction." Medicare's subrogation interest is specified in 42 U.S.C. 1395y(B)(2)(b)(2000) and 42 C.F.R. 411.24 and 411.37(c)--(d) (2006). Medicaid's subrogation rights are codified in 42 U.S.C. 1396a(k) (2000). 42 C.F.R. 411.37. Interested parties may con......
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71 The Alabama Lawyer 212 (2010). Navigating the Medicare Reporting Minefield- A Practitioner's Guide to Settlement with a Medicare Beneficiary.
...or 3. A private cause of action by CMS for double damages (twice the amount of Medicare's lien).See42 U.S.C. § 1395y(b)(2)(B); 42 C.F.R. §§ 411.24, These regulations only grant CMS the ability to recover double damages if it is required to take legal action to recover. The statute of limita......
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Vol. 22, No. 1, 17. Workers' Compensation and Liability Lawyers Beware: Section 111 of the MMSEA Imposes Significant New Penalties for Failing to Protect Medicare's Interests.
...received a primary payment, including a beneficiary, provider, supplier, physician, attorney, state agency, or private insurer, see 42 C.F.R. § 411.24(g). Medicare also has a subrogation right, as well as rights of joinder and intervention. See 42 C.F.R. § In terms of repaying conditional p......
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