11th Circ. Says Medicare Reimbursement Suit Filed Too Late, Law360
11th Circ. Says Medicare Reimbursement Suit Filed Too Late, Law360
RumbergerKirk secured a key victory at the Eleventh Circuit last week when the court ruled that a lawsuit filed by the assignee of a now-defunct Medicare Advantage organization to recover reimbursable payment from a primary payer was time-barred. In its conclusion that a four-year period applied, the court affirmed claims under the Medicare Secondary Payer Act are time-barred with a statute of limitations beginning when the Medicare Advantage Plan pays the enrollee’s medical bills.
In siding with RumbergerKirk client Tower Hill Prime Insurance Co., the three-judge panel confirmed the four-year catch-all limitations period outlined in the U.S. Code Section 1658 rendered the plaintiff’s suit untimely.
Attorneys Nicole Sieb Smith, Samantha C. Duke and Jeffry J. Grosholz represented Tower Hill.
Read the full summary of the case from Law360 (subscription may apply).
