The Economic Impact Of New MMSEA Regulations

Law360, New York (April 14, 2010, 12:44 PM EDT) -- An individual slips and falls walking out of an office building, breaks her leg, sues the building owner for medical costs, lost wages and pain and suffering and is awarded a substantial settlement paid by the building owner’s insurer. But, Medicare, not the claimant, has paid the medical bills.

Although Congress intended Medicare to be a secondary payer, reimbursing claims only after any primary insurance coverage has been exhausted, prior to the Medicare, Medicaid and SCHIP Extension Act of 2007 (“MMSEA”), the Centers for Medicaid and...
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