Tag Archives: MSP Manual

More Medicare Subrogation Issues Pending Before the Sixth Circuit Court of Appeals

Today, the United States Court of Appeals for the Sixth Circuit heard oral arguments in the appeal of Hadden v. United States, which involves questions of how much reimbursement Medicare can receive from tort/personal injury settlements.  The Eleventh Circuit in Bradley v. Sebelius recently decided the issue against Medicare, as we reported earlier. Now, it is the … Continue Reading

MSP Manual Not Entitled To Deference and Medicare Does Not Have Priority to Recover From Wrongful Death Settlement

In a decision that has garnered significant commentary, the United States Court of Appeals for the Eleventh Circuit recently held that the Medicare Secondary Payer (“MSP”) Manual is not entitled to deference in deciding the amount the Medicare program can recover from wrongful death settlements.  In doing so, the court rejected Medicare’s claim it could recover the … Continue Reading