Case Updates
First Circuit reviews tort litigation and the medicare secondary payer statute
August 20, 2007
The First Circuit dismissed the plaintiff’s action under the federal Medicare Secondary Payer Act (MSP), holding that the plaintiff lacked standing to bring a claim under the act.
U.S. Chamber files amicus brief
January 17, 2007
NCLC urged the First Circuit to decline to interpret the federal Medicare Secondary Payer Act (MSP) to include actions for double damages against defendants for un-adjudicated claims for medical expenses. In its brief, NCLC argued that Congress did not intend for double damages actions to be used for reimbursement where the underlying claim had not been resolved. The MSP statute requires reimbursement to the federal government for medical expenses paid where an organization’s own health plan is responsible for the costs and provides a right of private action to collect the reimbursement.