Centers for Medicare and Medicaid Services Released New Conditional Final Payment Letters on June 27, 2011.

The United States District Court for the District of Arizona, on May 9, 2011, issued an opinion in Haro vs Sebelius, wherein the court held that the Secretary's for DHHR application for a 60-day reimbursement requirement did not give immediate collection actions of Medicare beneficiaries. The MSP provisions did not authorize the Secretary to bring direct action against the medicare recipient to collect disputed reimbursement claims. What this means is if you are in a car accident in West Virginia and you have medicare or medicaid which pays for medical services DHHR cannot bring a suit to seek repayment if you dispute the amount of reimbursement they are seeking. The reason is simply what if they are seeking to be paid back for bills which are unrelated to the accident? The Haro vs. Sebelius case was brought on behalf of Medicare beneficiaries and their attorneys against the Secretary of the Department of Health and Human Resources regarding the confusing Medicare Secondary Payee provisions wherein Medicare seeks to be reimbursed for monies that were paid to either someone who was injured in a liability case, a Workers' Compensation case or a no-fault case. The suit was declaratory judgement action wherein the attorneys and the beneficiaries of Medicare were seeking to get a ruling on whether or not the Secretary's practices were permissible, or whether it violated a due process clause in the United States Constitution. The plaintiffs sought a declaratory judgement and an injunction to prevent the Medicare Secondary Payee program from seeking collection from the beneficiaries who had received benefits through Medicare.

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