Medicare Doesn't Trump State Workers' Comp Law: 5th Circ.

Law360, New York (May 15, 2013, 3:38 PM EDT) -- The Fifth Circuit ruled Tuesday that a Medicare statute cannot trump a Texas law that requires preauthorization for workers' compensation expenses because Medicare indicates that claimants should exhaust their state law remedies first.

The appellate court said that while the Medicare Secondary Payer Statute provides incentive to individuals to help the government recover money that Medicare erroneously paid, those claimants can only succeed if they show that their workers' compensation carrier can be reasonably expected to pay for the medical expenses. That reasonable expectation arises when...
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