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Expert Analysis

MMSEA And Product Liability Claims

Law360 (December 13, 2010, 1:17 PM EST) -- Since Congress passed the Medicare, Medicaid and SCHIP Extension Act (MMSEA or the act), litigants have scrambled to interpret the language and discern the likely ramifications of the act on the resolution of liability claims. The sanctions for noncompliance imposed by Section 111 of the MMSEA, which includes double damages and fines of $1,000 per day of noncompliance, provide the necessary incentive for both the plaintiff and defense bars to actively engage the Centers for Medicare and Medicaid Services on all manner of logistical issues associated with implementation of the act. The result has been a continuing dialogue with CMS....

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