Firm News

MSP Recovery v. Ace American

NEWS ALERT: The U.S. Department of Health and Human Services (through the Justice Department) agrees with and adopts MSP Recovery’s position in several legal issues pending before the appellate court. In December 2019, the United States Court of Appeals for the 11th Circuit, requested that the U.S. Department of Health and Human Services submit an...
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Updated WCMSA Reference Guide Issued

An updated Worker’s Compensation Medicare Set-Aside (“WCMSA”) reference guide has been issued.[1] The revised guide includes: Fields formerly labeled as “HICN” have been labeled as “Medicare ID” and can accept either Health Insurance Claim Number (“HICN”) or the new Medicare Beneficiary Identifier; The link to the CDC Life Expectancy Table has been updated; and The...
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MSP Case Remanded by Sixth Circuit to Address Standing

On August 16, 2018, the US Court of Appeals for the Sixth Circuit remanded Duncan v. Liberty Mut. Ins. Co., 2018 U.S. App. LEXIS 22811, back to the US District Court. The case involved the Medicare Secondary Payer Act (MSPA) and questioned whether a party can pursue double damages under the Act. Facts of the...
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Does the MSP Act Preempt State Law?

Recently, this question was addressed by the Maryland Court of Special Appeals in Netro v. Greater Balt. Med. Ctr., Inc., No. 1990, 2018 Md. App. LEXIS 679 (App. July 5, 2018). In Netro, the Fourth Circuit added to the budding list of jurisdictions addressing who is able to sue under the private cause of action provision of...
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Developments in Medicare Secondary Payer Law

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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MSP Recovery Makes History Again

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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MSP Recovery Law Firm Wins Major Victory In Fight For Medicare Advantage Recovery Rights And Is Granted Class Certification

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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MSP Recovery On WSVN-Fox News

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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MSP Recovery In the News

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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MSP Recovery Law Firm Scores A Huge Victory Against Primary Payers

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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MSP Recovery Law Firm Acted As Amicus Curiae In Seminal Case Finding For Secondary Payer’s Right to Recover Double Damages

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

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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Seven Orders Equals Seven Wins for MSP Recovery Against Liberty Mutual, IDS, Security National, Allstate, and Direct General

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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MSP Recovery and its law firm, MSP Recovery Law Firm, Score Major Blows Against the Insurance Industry

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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MSP Recovery Achieves Another Victory for Its Clients

On Tuesday, June 28, 2016, MSP Recovery Law Firm won a major victory for Medicare Advantage Organizations (“MAO”). In MSP v. Ocean Harbor, the Honorable Judge Samantha Ruiz-Cohen denied an auto insurer’s (“Defendant”) attempt to dismiss an MAO’s (“Plaintiff”) suit. The court held that the MAO clearly established that Florida state court had jurisdiction to...
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MSP Recovery Paves a Path to Victory for its Clients

On Tuesday, May 31, 2016, MSP Recovery Law Firm (“MSP Recovery”) won a major victory for the Medicare Advantage Organizations’ (“MAO”) reimbursement rights and its clients. MSP Recovery solidified a fine-line between state law claims and federal court jurisdiction. In the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, MSP...
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MSP Recovery Launches Several Massive Class Action Lawsuits Against the Auto Insurance Industry Sure to Cost them Billions

Suppose Joe is sixty-nine (69) years old, and while driving down I-95, another vehicle suddenly rear-ends him. Joe has Personal Injury Protection (“PIP”) coverage as part of his automobile insurance, but also an enrollee of a Medicare Advantage (“MA”) health plan offered by a Medicare Advantage Organization (“MAO”). Joe goes to the hospital as a...
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Court Decision Strengthens MAO’s Ability To Recover

Court agrees with MSP Recovery on demonstrated responsibility and further strengthens a Medicare Advantage Organization’s (“MAO”) ability to recover monies. On June 24, 2015, the U.S. District Court, Southern District of Florida, ruled in MSP Recovery’s favor in the case styled “MSP Recovery, LLC v. Allstate Insurance Company”. The claim arose from a motor vehicle...
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