42 CFR 411.24 - Recovery of conditional payments

Cite as42 CFR 411.24
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156 practice notes
  • Federal claims collection: Interest rates on overdue debts,
    • United States
    • Federal Register March 08, 2007
    • March 8, 2007
    ...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) ......
  • 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
    ...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......
  • 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
    ...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......
  • Haro v. Sebelius, No. 11–16606.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 2, 2014
    ...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
  • 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
    ...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......
  • 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
    ...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......
  • Haro v. Sebelius, No. 11–16606.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 2, 2014
    ...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......
  • Fanning v. U.S., No. 01-3366.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • October 10, 2003
    ...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
  • Protecting The Interests Of Medicare Advantage Plans In Settlement Involving Plan Beneficiaries
    • United States
    • Mondaq United States
    • May 24, 2018
    ...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......
  • Medicare Secondary Payer – A Lot Less Boring Now
    • United States
    • Mondaq United States
    • January 16, 2017
    ...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......
  • Medicare Secondary Payer – A Lot Less Boring Now
    • United States
    • LexBlog United States
    • January 16, 2017
    ...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......
  • Exploring Options for Conditional Payment Resolution
    • United States
    • LexBlog United States
    • July 7, 2021
    ...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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