Medicare Secondary Payer Act (MSP) What Is It? and What Impact Will It Have?

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Counsel for self-inured, insured, and plaintiffs should take note that Medicare’s status as a secondary payer under 42 U.S.C. § 1395y(b) creates, for Medicare, the right to reimbursement which has the potential to simultaneously impede settlement and impose a possible risk of future liability against all parties.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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