Takeaways From Avandia For Medicare Advantage Plans

Law360, New York (July 30, 2012, 1:39 PM EDT) -- A recent decision by the Third Circuit Court of Appeals (Avandia) held that Medicare Advantage organizations (MAOs) have a statutory right of recovery for payments they make to medical providers on behalf of MAO enrollees under the Medicare Secondary Payer Act (MSP). Under the MSP, MAOs can also seek the double damages penalty available to the Centers for Medicare and Medicaid Services.

The Avandia case was brought by Humana to recover expenses incurred on behalf of patients suffering from the side effects of Avandia, a drug...
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