Issue: Healthcare
Court: U.S. Supreme Court

Term: October 2012
Lower Court: U.S. Court of Appeals for the Sixth Circuit

Question Presented:
Whether the government is entitled to full reimbursement under the Medicare Secondary Payer Act, 42 U.S.C. § 1395y(b), when a beneficiary compromises a tort or other claim and recovers a reduced amount, as the court of appeals held here, or whether the government, like its beneficiary, is entitled to only a proportionate recovery, as the Eleventh Circuit has held.

RLC's Position:
The RLC asked the U.S. Supreme Court to grant certiorari in order to rein in Medicare's Secondary Payer Liability policy, which unnecessarily prolongs litigation to the detriment of all.

Case Outcome:
The U.S. Supreme Court denied the petition for certiorari.

Procedural History and Case Documents:

Please use the DOWNLOAD button below to access the RLC's Brief.


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