top of page

U.S. District Courts Dismiss Claims Brought by MAO-MSO Recovery II

  • Melisa Zwilling
  • Apr 23, 2018
  • 1 min read

MAO-MSO Recovery II, LLC (“MAO-MSO”) has filed putative class action suits against multiple insurance carriers claiming to be assignees of recovery rights originally held by numerous Medicare Advantage Organizations. Pursuant to the Medicare Secondary Payer’s Act’s private cause of action, MAO-MSO is seeking recovery from insurers for failing to reimburse Medicare Advantage Organizations for payments made on behalf of beneficiaries for injury related treatment. In a string of similar suits filed by MAO-MSO in District Courts throughout the country, the courts have dismissed their claims. For example, recently, in MAO-MSO Recovery II, LLC v. USAA Cas. Ins. Co., a U.S. District Court in Florida dismissed MAO-MSO’s complaint for failing to establish standing to bring their suit, because they did not allege any facts in their complaint regarding the existence of the assignment agreement. Similarly, in MAO-MSO Recovery II, LLC v. Allstate Ins. Co., a U.S. District Court in Florida dismissed MAO-MSO’s complaint for failing to state a claim. In both cases, MAO-MSO has been permitted to refile their complaint. We will continue to monitor MAO-MSO’s suits and provide updates regarding developments in these cases. Given the aggressive nature of this company and others, it is crucial to ensure that such liens are handled properly to avoid the time and expense of litigation.

 
 
 

Comments


Recent Posts

© 2025 Carr Allison Medicare Compliance Group

100 Vestavia Parkway

Birmingham, AL 35216

P: 205.822.2006

F: 205.822.2057

E: marketing@carrallison.com

FOLLOW US:

  • LinkedIn - White Circle
  • Twitter - White Circle

 

Required statement from the AL State Bar:  No representation is made that the quality of legal services to be performed is greater than the quality of legal services provided by other lawyers.  Any recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.  Disclaimer.

bottom of page