Medicare Issues in Workers Comp

Our post from 8/31/12 queried whether attorneys and litigants might be able to game the Center for Medicare Services, thereby undercutting the Medicare Secondary Payor Act (MSPA)  The question was prompted by the decision of the 6th Circuit Court of Appeals in Hadden v. United States.  The full discussion can be seen athttp://workerscompanswers.blogspot.com/2012/08/can-medicare-set-aside-system-be-gamed.html
In short, the plaintiff (Hadden) settled his personal injury claim for less based upon allegations of his own negligence and attempted to reimburse Medicare for less based on the same percentage of of the other party's negligence.   Medicare refused the proportionate offer based on the MSPA and demanded repayment of its lien.  The 6th Circuit refused Hadden's request and ordered reimbursement to Medicare as demanded.  Our post from 8/31/12 advised that Hadden had petitioned the US Supreme Court to hear his appeal by writ of certiorari.

On Monday October 1, 2012, the US Supreme Court refused to grant certiorari to Hadden and has, therefore, left the 6th Circuit Court of Appeals' decision intact. The Court noted that the 11th circuit found some value in the proportionate reimbursement  argument.  We will explore that decision and its points in common with Hadden to see if the US Supreme Court's thought process might be more easily understood.  Stay tuned...

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"Skedsvold & White
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Stay informed about the right answers to Worker's Comp
See the new Compworx Return-to-Work System