2019 Kicks Off with Another MSP Case in the 11th Circuit: Reminder to be on Alert

Last week a Medicare Secondary Payer (MSP) case out of the 11th Circuit Court was issued (MSPA Claims 1, LLC v. Scottsdale Ins. Co., No. 18-21525-CIV-MORE, 2018 U.S. Dist. LEXIS 218675 (S.D. Fla. Dec. 12, 2018).  The facts of the case essentially mirror recent other cases that we have seen: Plaintiff, MSPA Claims 1, LLC (Plaintiff), filed suit under the Medicare Secondary Payer Act (MSPA) claiming a private cause of action, against a primary payer; Plaintiff also claimed to be the assignee of numerous Medicare Advantage Organizations, Medicare Service Organizations, and Independent Physician Associations; Two assignors were identified by Plaintiff, in this matter, which allegedly provided Plaintiffs with the ability to bring suit under the MSPA; and Plaintiff brought suit to recover payments, as an assignee against Defendant, Scottsdale Insurance Company, the primary insurance plan, for accident-related expenses. As a brief reminder, the MSPA sets forth three elements…

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