The State Of Medicare Secondary Payer Act Litigation

By Laura Besvinick and Julie Nevins (July 27, 2018, 3:29 PM EDT) -- Liability insurers settle tort claims asserted against their insureds every day. The purpose of these settlements is self-evident: They attempt to compensate claimants injured as a result of the insureds' alleged negligence in exchange for certainty. The claims are fully resolved, the claimants get paid and the insurers avoid the burden and cost of litigation and possibly trial. However, now that approximately 33 percent of all Medicare beneficiaries receive their health insurance from Medicare Advantage plans, the certainty that tort liability settlements generally brought liability insurers in decades past has waned....

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