Split 11th Circuit Affirms Medicare Secondary Payer Act No Preemption Rulings

Mealey's ( February 24, 2023, 2:04 PM EST) -- ATLANTA — A split panel of the 11th Circuit U.S. Court of Appeals affirmed two district court rulings consolidated on appeal that claims of assignees of Medicare Advantage (MA) organizations, including a now-insolvent organization, are barred for failure to follow procedural requirements of the Medicare Secondary Payer Act, finding that the act does not preempt Florida’s presuit demand requirement or a contractual claims-filing deadline....

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