Asbestos Victims’ Families Lose Fight Over Medicare Benefits

Families of Medicare beneficiaries who settled asbestos-related legal claims against parties allegedly responsible for their exposure to toxic dust must repay HHS for the beneficiaries’ medical expenses because they didn’t prove the settlements were for wrongful death only, a federal court in Montana said.

Under the Medicare Secondary Payer Act, an injured beneficiary’s insurer or the party responsible for their injuries is obligated to pay their medical expenses. Medicare will step in if the payment is delayed, but the U.S. Health and Human Services Department has a right to be reimbursed out of any insurance, damages, or settlement proceeds the ...