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Melisa Zwilling
Nov 5, 2018
Florida District Court Determines Statute of Limitations for Suits Under the MSPA
In MSPA Claims 1, LLC, v. Kingsway Amigo Insurance Company, the defendant, Kingsway Amigo Insurance Company (Kingsway), argues that the...


Melisa Zwilling
Jun 18, 2018
Fourth Circuit Court of Appeals Makes Important Ruling Regarding Government’s Partial Assignment of
In Netro v. Greater Baltimore Medical Center, Inc., 2018 U.S. App. LEXIS 14835 (4th Cir. 2018), the United States Court of Appeals for...


Melisa Zwilling
Apr 6, 2018
District Court Affirms Medicare Advantage Organization’s Right to Sue Primary Plans Pursuant to the
A U.S. District Court followed the trend of permitting a Medicare Advantage Organization (“MAO”) to sue pursuant to the Medicare...


Melisa Zwilling
Mar 29, 2018
11th Circuit District Court: MAO Action Against Treatment Provider Under PCOA Provision of MSP May P
A U.S. District Court for the Southern District of Florida recently held that a Medicare Advantage Organization (MAO) may bring an action...


Melisa Zwilling
Nov 15, 2016
District Court Grants Motion to Dismiss After U.S. Argues that Court Lacks Jurisdiction Over Medicar
In Cheryl Nelson & Geico Gen. Ins. Co. v. Medi-Cal., No. 1:16-cv-01328-LJO-BAM, 2016 U.S. Dist. Ct. LEXIS 153596 (E.D. Cal., November 4,...


Melisa Zwilling
Sep 21, 2016
Alert! Eleventh Circuit: Contractual Obligation Sufficient to Establish “Demonstrated Responsibility
What qualifies as a “demonstrated responsibility” sufficient to proceed under the private cause of action provision of the Medicare...


Melisa Zwilling
May 18, 2016
Fourth Circuit Federal District Court: Medicare Advantage Organization Has Private Cause of Action U
In Humana Ins. Co. v. Paris Blank LLP, No. 3:16CV79-HEH, 2016 U.S. Dist. Ct. LEXIS 61814 (E.D. Va., May 10, 2016), Humana Insurance...


Melisa Zwilling
May 12, 2016
US District Court: Evaluates Requirement of Demonstrated Responsibility
Previously, we reported on the trend of recent decisions holding that a contractual relationship alone is insufficient to demonstrate...


Melisa Zwilling
May 12, 2016
California Court of Appeal: Addressing Plan for Reimbursement of Conditional Payment Claims in Settl
In Karpinski v. Smitty’s Bar, 2016 Cal. App. LEXIS 277, the California Court of Appeal highlighted the importance of specifying a plan...


Melisa Zwilling
May 12, 2016
US District Court: Involvement of MSPA Does Not Create a Federal Question
In Mikiewicz v. Hamorski and Erie Insurance Exchange, 2016 U.S. Dist. LEXIS 58859 (May 3, 2016), the United States District Court for the...
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