MAP Action Dismissed; Illinois Does Not Join Jurisdictions Allowing for Double Damages, Private Cause of Action…For Now

Over the last several years, we have blogged about MSP Recovery, LLC, a law firm, that has been championing claims nationwide on behalf of Medicare Advantage Plans (MAP).  In their pursuits, MSP Recovery, has alleged that Non-Group Health Plans (NGHPs) are failing to make payment first, and have allowed secondary payers, particularly Medicare Advantage Organizations (MAOs), to pay first.  Subsequently these claims have given rise to MSP Recovery’s lawsuits for double damages. The premise of each lawsuit is based upon an assignment that MSP Recovery alleges to have received from a Medicare Advantage Organization (MAO).  Over the last several years, MSP Recovery has created numerous liability companies for the sole purpose of crafting lawsuits to show purported assignments from MAOs, in an effort to recover any conditional payments made by the MAPs. On May 25, a decision was issued out of the Seventh Circuit, in the United States District Court for the…

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