MSPA Claims 1, LLC v. Covington Specialty Insurance Company
Case Number:
21-12428
Court:
Nature of Suit:
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February 22, 2023
11th Circ. Rules MSP Act Doesn't Preempt State Law, Contracts
The Eleventh Circuit ruled on Wednesday that the Medicare Secondary Payer Act does not preempt insurance policy time limits on claims or the presuit notice requirement in Florida's personal injury protection statute, in a decision that ends the bid of assignees of Medicare Advantage organizations to recover medical costs from primary payers in a slip-and-fall case and two car crashes.
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December 08, 2022
MAO Assignee Says MSP Act Preempts State Law, Contracts
The assignees of Medicare Advantage organizations seeking to recover medical costs from a primary payer told the Eleventh Circuit on Thursday that the Medicare Secondary Payer Act preempts insurance policy time limits on claims as well as the presuit notice requirement in Florida's PIP statute.