U.S. Court of Appeals for the First Circuit

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Case Updates

First Circuit reviews tort litigation and the medicare secondary payer statute

August 20, 2007

The First Circuit dismissed the plaintiff’s action under the federal Medicare Secondary Payer Act (MSP), holding that the plaintiff lacked standing to bring a claim under the act.

U.S. Chamber files amicus brief

January 17, 2007

NCLC urged the First Circuit to decline to interpret the federal Medicare Secondary Payer Act (MSP) to include actions for double damages against defendants for un-adjudicated claims for medical expenses. In its brief, NCLC argued that Congress did not intend for double damages actions to be used for reimbursement where the underlying claim had not been resolved. The MSP statute requires reimbursement to the federal government for medical expenses paid where an organization’s own health plan is responsible for the costs and provides a right of private action to collect the reimbursement.

Case Documents