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Lack of Notice Not Fatal to Medicare Insurer’s Payment Claim

Feb. 14, 2020, 3:41 PM

A private Medicare insurer may sue to recover reimbursement from a company primarily responsible for paying a beneficiary’s medical bills, even if it didn’t give that party notice of the claim within three years of the date the beneficiary received treatment, the Eleventh Circuit said.

Compliance with the Medicare Secondary Payer Act’s claims-filing provision isn’t a prerequisite to filing suit under the act’s private right of action, the U.S. Court of Appeals for the Eleventh Circuit said Thursday.

The claims-filing provision says that “notwithstanding any other time limits,” the U.S. may try to recover payments from another insurer or health...

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