Case Study: Haro V. Sebelius

Law360, New York (September 24, 2010, 5:41 PM EDT) -- Under the Medicare Secondary Payer Statute (MSP Statute), Medicare has the right to be reimbursed for "conditional" payments for medical care after a Medicare beneficiary receives compensation from a third party that is the "primary" to Medicare.

Recently, two Medicare beneficiaries filed a class action, seeking a declaratory judgment against the secretary of the U.S. Department of Health and Human Services to bar Medicare from engaging in certain practices when trying to recover conditional payments.

Medicare Recovery Practices Challenged

In Haro v. Sebelius,[1] a putative class...
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