December 21, 2016 Top Story

Medicare Advantage Can Sue Lawyers for Reimbursement

Medicare Secondary Payer Act creates private cause of action against law firms

Caitlin Haney

Lawyers are now potentially liable for unpaid Medicare liens on a client's legal award or settlement following two federal court rulings. In cases of first impression, the U.S. District Court for the Eastern District of Virginia and the U.S. Court of Appeals for the Eleventh Circuit held the Medicare Secondary Payer Act permits Medicare Advantage Organizations to prosecute private causes of actions against attorneys, and no exemption exists for attorneys who receive payments from a primary plan.

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