11th Circ. Won't Rethink Medicare Secondary Payer Ruling

Law360 (November 10, 2020, 3:52 PM EST) -- The Eleventh Circuit has shut down a bid by insurers to reconsider a panel's holding that downstream health care providers can sue primary insurers for nonpayment under the private right of action in the Medicare Secondary Payer Act.

A three-judge panel on Monday denied the petition for the full appeals court to review the Sept. 4 ruling that revived several proposed class action suits and paved the way for billions of dollars in reimbursements for providers around the country.

Auto-Owners Insurance Co. and two other insurers urged the appeals court in September to undo the ruling that they said undermines U.S....

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