Court Says Insurer May Pursue Claim Against Subscriber Under MSP Statute

A Medicare Advantage organization is entitled under the Medicare Secondary Payer Act to recover some or all of its costs of treating a subscriber from a third-party settlement the subscriber obtained from an automobile insurance company, a federal trial court ruled Dec. 16 (Collins v. WellCare Healthcare Plans, Inc., 2014 BL 355403, E.D. La., 2:13-cv-06759-EEF-DEK, 12/16/14).

The U.S. District Court for the Eastern District of Louisiana ruled that WellCare Healthcare Plans Inc. is entitled to pursue its claim for over $180,000 in medical expenses it paid for treatment of Aimie Collins after she was injured in a motor ...