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Two recent legal decisions out of the Eleventh Judicial Circuit in and for Miami Dade County indicate that Medicare Advantage Organizations (MAOs) may be able to obtain reimbursement from no-fault liability carriers pursuant to Medicare Secondary Payer law on a class-wide basis. On April 20, 2017, the Honorable Judge Antonio Arzola entered a 56-page order...
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After several wins at the U.S. Court of Appeals for the 11th Circuit, MSP Recovery made history again obtaining class certification for Medicare Advantage Organizations based on the principles of Medicare Secondary Payer law, against IDS Insurance Company. On April 20, 2017, the Honorable Judge Antonio Arzola entered a 56-page Order Granting the Motion to...
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On February 2, 2017, Judge Samantha Ruiz-Cohen of the Eleventh Judicial Circuit certified MSPA CLAIMS 1, LLC v. Ocean Harbor Cas. Ins., Case No. 2015-1946-CA-01, as a class action. This is one of more than a dozen cases brought by MSP Recovery in state and federal court challenging the failure of no-fault automobile insurers to...
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Lawyers: 11th Circuit Medicare Ruling Could Be Worth Billions by Katheryn Hayes Tucker A federal appeals court decision analyzing the Medicare Secondary Payer Act could put the nation’s largest automobile insur­ance companies and other providers on the hook to pay billions of dollars in Medicare reimbursement. “This is a humongous victory,” said John Ruiz of...
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11th Circuit Puts Insurers on the Hook to Repay Billions Eleventh Circuit Court Rules Again in Favor of Medicare Advantage Plans: Contract of Insurance Demonstrates Responsibility to Pay Eleventh Circuit Finds Mere Existence Of Insurance Contract Satisfies Condition Precedent To Action For Double Damages Under The Medicare Secondary Payer Act
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On August 8, 2016, the United States Court of Appeals, in Humana Medical Plan v. Western Heritage, held that the Medicare Secondary Payer Act (“MSP Act”) “clearly indicates” that a Medicare Advantage Organization (“MAO”) may bring a private cause of action” against a primary plan, which completely supports MSP Recovery Law Firm’s (“MSP Recovery”) long-held...
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The Eleventh Circuit Court of Appeals follows the Third Circuit’s lead by finding a Medicare Advantage Organization (MAO) has a private cause of action to pursue reimbursement under the Medicare Secondary Payer Act (MSP). A case of first impression, Humana Med. Plan v. W. Heritage Ins. Co., touched upon whether the MSP private cause of...
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Insurance company IDS’ attempt to stop MSP’s class action from moving forward is denied by the appellate court requiring a face off between IDS and MSP in less than 30 days where insurer is exposed to millions in repayment. On Monday, August 1st, 2016, MSP Recovery Law Firm secured an appellate victory as the Third...
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From March to July of 2016, MSP Recovery Law Firm (“MSP Recovery”) reached landmark achievements winning seven favorable orders, against various auto insurers, remanding its cases from federal court back to state court. There were two types of cases overall, removal to federal court based on Plaintiff’s: (1) state law claims and (2) amended complaint...
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It should be of no surprise defendants prefer federal courts. Favorable procedural rules, offers of judgment, and unavailability of interlocutory appeals are just some of the reasons why defendants would conclude that a federal court in essence affords them a “home field advantage.” As a result, defense attorneys tirelessly seek removal. In a massive attack...
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