Florida Federal Court Dismisses MAP Private Cause of Action Due to Lack of Demonstration of Responsibility

On April 2, 2015, the United States District Court for the Southern District of Florida published its opinion on MSP Recovery, LLC v. Progressive Select Insurance Company, finding that since Plaintiff did not allege that Defendant’s responsibility to pay had been demonstrated by settlement, judgment, award, or any other means, the court granted Defendant’s motion … Read moreFlorida Federal Court Dismisses MAP Private Cause of Action Due to Lack of Demonstration of Responsibility

Texas Federal Court Denies Motion to Dismiss, Allows MAP to Move Forward on MSP Private Cause of Action for Double Damages

Last year, we blogged about a series of four lawsuits that Humana had filed in four different jurisdictions seeking a declaratory judgment that it has a priority right to recover conditional payments. To read the prior blog, please click here. Since our last blog, three out of four of the lawsuits were dismissed and the … Read moreTexas Federal Court Denies Motion to Dismiss, Allows MAP to Move Forward on MSP Private Cause of Action for Double Damages

Humana Seeks to Expand Medicare Advantage Plan Reimbursement Rights in Various Jurisdictions

We previously provided an update regarding Medicare Advantage Plans (MAPs) and their recovery rights under the MSP on April 24, 2013. Please click here to read our blog which delves into detail of the current state of conflict among the Circuit Courts regarding MAPs’ rights to reimbursement under the MSP. It has come to light … Read moreHumana Seeks to Expand Medicare Advantage Plan Reimbursement Rights in Various Jurisdictions

The Current State of Medicare Advantage Plans and Recovery Rights under the MSP

Medicare Advantage Plans (MAPs), also known as Medicare Part “C”, are private insurance plans which provide Medicare benefits to beneficiaries. A beneficiary may opt to receive their Part A and B Medicare benefits through a MAP rather than through traditional Medicare. Often times, MAPs offer more flexibility in benefit options and pricing than traditional Medicare. … Read moreThe Current State of Medicare Advantage Plans and Recovery Rights under the MSP