Monthly Archives: July, 2012

From Roger Baron: Part C provider NOT granted federal right of subrogation by Medicare laws

Reprinted with permission from Roger Baron

In Konig v. Yeshiva Imrei Chaim Viznitz of Boro Park, Inc., et al, 12-CV-467 (E.D.N.Y. 3/30/12), we find a situation where Rawlings and Oxford Health Plans (Oxford) were brought into a NY state court action through an “order to show cause” proceeding for the purpose of extinguishing a lien assertion of $24,000 for medical bills paid to an insured for injuries related to a landowner liability tort claim.  These bills were paid pursuant to a “Medicare Advantage Policy” sold by a private insurer as an alternative to Medicare insurance provided by the Government.

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