Medicare Secondary PayerMedicare Secondary Payer
Medicare Secondary Payer (MSP) is a statute that requires insurance companies and other “primary payers” to reimburse Medicare when evidence shows that they are liable for Medicare’s costs. If the primary payer fails to do so, MSP permits Medicare to sue to recover the funds.
For years, plaintiffs’ lawyers have brought novel lawsuits trying to expand the MSP statute into a bounty-hunting law, in the hope of recovering double damages from an expansive class of defendants. Now, after repeatedly failing in the court system, the trial lawyer lobby is turning to Congress to expand MSP liability through legislative action.
This trial lawyer-backed legislation is designed to change these pre-existing laws to allow Medicare Secondary Payer liability to be imposed with far less evidence. While trial lawyers now have to produce evidence that a primary payer’s actions harmed the plaintiffs in some way, this bill would allow statistics to constitute proof of liability instead.
Additionally, only the government or the injured Medicare patient currently has standing to sue. However, proposals to change the MSP statute would allow any person to bring an action.
Read More About Medicare Secondary Payer...
Latest News on Medicare Secondary Payer:
- Medicare secondary payer: feds swoop down on 2003 settlement
Point of Law | February 16, 2010 - How Litigators Tried to Sneak a Pet Earmark into Health Reform
Progressive Fix | November 23, 2009 - LETTER: Watch for dangerous provision in reform
Clayton News-Star | September 10, 2009 - COMMENTARY: Health care reform and small business: a devil in the details
Southsider Magazine | September 1, 2009 - The Trial Lawyers' Earmark: Using Medicare to Finance the Lifestyles of the Rich and Infamous
Heritage Foundation | August 28, 2009
