42 CFR 411.26 - Subrogation and right to intervene

Cite as42 CFR 411.26
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15 practice notes
  • Weston v. AKHappytime, LLC, Supreme Court No. S-16529
    • United States
    • Supreme Court of Alaska (US)
    • August 2, 2019
    ...in relevant geographic area).84 Under federal law, Medicare has a right to subrogation for the actual amounts paid for medical care. 42 C.F.R. § 411.26 (2018). But Medicare does not have a right to subrogation for the negotiated difference between the amounts billed and the amounts paid. Se......
  • Johnson v. Stachel, No. 2019CA00123
    • United States
    • United States Court of Appeals (Ohio)
    • May 15, 2020
    ...was not joined as a party. Medicare has sole discretion on whether or not to join litigation, and cannot be involuntarily joined. 42 CFR 411.26(b).{¶65} We find the trial court did not abuse its discretion in admitting the medical bills over Stachel's objection Johnson was not the real part......
  • Mao-Mso Recovery Ii, LLC v. State Farm Mut. Auto. Ins. Co., Case No. 1:17-cv-01537-JBM-JEH
    • United States
    • United States District Courts. 7th Circuit. United States District Courts. 7th Circuit. Central District of Illinois
    • July 13, 2018
    ...are subrogated the right to recover primary payment from State Farm for State Farm's breach of contract with their insured, pursuant to 42 C.F.R. § 411.26. (Doc. 63 at 30, ¶ 123). Plaintiffs allege that State Farm was "contractually obligated to pay for medical items and services arising ou......
  • Trostle v. Ctrs. for Medicare & Medicaid Servs., CASE NO. 1:16-CV-156
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • October 17, 2016
    ...when a settlement is involved, and its MSP "Web portal" are fully set out in the Code of Federal Regulations. See 42 C.F.R. §§ 411.25, 411.26, 411.37, 411.39. Particularly relevant to the instant case is section 411.39, which provides detailed rules for the MSP Web portal, whereby a plainti......
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9 cases
  • Weston v. AKHappytime, LLC, Supreme Court No. S-16529
    • United States
    • Supreme Court of Alaska (US)
    • August 2, 2019
    ...in relevant geographic area).84 Under federal law, Medicare has a right to subrogation for the actual amounts paid for medical care. 42 C.F.R. § 411.26 (2018). But Medicare does not have a right to subrogation for the negotiated difference between the amounts billed and the amounts paid. Se......
  • Johnson v. Stachel, No. 2019CA00123
    • United States
    • United States Court of Appeals (Ohio)
    • May 15, 2020
    ...was not joined as a party. Medicare has sole discretion on whether or not to join litigation, and cannot be involuntarily joined. 42 CFR 411.26(b).{¶65} We find the trial court did not abuse its discretion in admitting the medical bills over Stachel's objection Johnson was not the real part......
  • Mao-Mso Recovery Ii, LLC v. State Farm Mut. Auto. Ins. Co., Case No. 1:17-cv-01537-JBM-JEH
    • United States
    • United States District Courts. 7th Circuit. United States District Courts. 7th Circuit. Central District of Illinois
    • July 13, 2018
    ...are subrogated the right to recover primary payment from State Farm for State Farm's breach of contract with their insured, pursuant to 42 C.F.R. § 411.26. (Doc. 63 at 30, ¶ 123). Plaintiffs allege that State Farm was "contractually obligated to pay for medical items and services arisi......
  • Trostle v. Ctrs. for Medicare & Medicaid Servs., CASE NO. 1:16-CV-156
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • October 17, 2016
    ...a settlement is involved, and its MSP "Web portal" are fully set out in the Code of Federal Regulations. See 42 C.F.R. §§ 411.25, 411.26, 411.37, 411.39. Particularly relevant to the instant case is section 411.39, which provides detailed rules for the MSP Web portal, whereby a pl......
  • Request a trial to view additional results
1 firm's commentaries
4 books & journal articles

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