February 2, 2011

Nevada Federal Court Gives Deference to Medicare's Interpretation of its Priority Right Under the MSP

On December 29, 2010, the United States District Court for the District of Nevada, in Farmers Ins. Exch. v. Forkey, 2010 WL 5477726 (Dec. 29, 2010, D.Nev.), granted a motion for summary judgment filed by the Department of Health and Human Services (the Department).  The court found that Medicare had a direct and priority right to be reimbursed $10,070.22 of a $35,000 underinsured motorist policy for conditional payments it made for the medical care of David Forkey after Mr. Forkey was struck by a vehicle while crossing a street in March 2007.

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