MSP Recovery Law Firm Wins Major Victory In Fight For Medicare Advantage Recovery Rights And Is Granted Class Certification

On February 2, 2017, Judge Samantha Ruiz-Cohen of the Eleventh Judicial Circuit certified MSPA CLAIMS 1, LLC v. Ocean Harbor Cas. Ins., Case No. 2015-1946-CA-01, as a class action.

This is one of more than a dozen cases brought by MSP Recovery in state and federal court challenging the failure of no-fault automobile insurers to reimburse Medicare Advantage Organizations for medical bills that the primary payer had a responsibility to pay, pursuant the Medicare Secondary Payer (MSP) Act.

The class includes all Florida Medicare Advantage Organizations who paid for the medical care and treatment of enrollees injured in an automobile accident subsequent to January 29, 2009, and who were insured under auto policies issued by Ocean Harbor. All members of the class must be notified to decide whether or not to opt in the class.

In September, the U.S. Court of Appeals for the Eleventh Circuit ruled in MSP’s favor in seven consolidated cases finding that the existence of a contractual obligation satisfied the demonstrated responsibility prerequisite under the private cause of action in the MSP Act.

To see the order click here.