Recovery of Medical Bills: Once Is Enough

Strange as it sounds, Missouri state law allowed federal workers to recover medical bills twice: once under their federal health insurance plan and again from the person (or person’s insurer) responsible for their injuries.  The law prohibited the federal plan from recovering any part of its payment from …

[Read more...]

The Downside of the Advice-of-Counsel Defense

Intent is a necessary element of a False Claims Act (FCA) violation.  If a defendant reasonably relied on advice of counsel in performing the actions at issue, the intent element is absent.  That’s the upside of the advice-of-counsel defense.  But there’s a downside, and a recent federal decision in a major …

[Read more...]

Hospital Claim Dismissed for Want of Redressability

The recent decision in Dignity v. Burwell is interesting for three reasons.  For one thing, it provides a reminder of the unfortunate fact that the acts (or inaction) of one party can adversely affect the fate of others—as when your dad punished all the kids for something only your stupid kid brother did. In …

[Read more...]

Two Times Twelve Doesn’t Necessarily Equal Twenty-Four

In the august halls of a federal courthouse, things aren’t always what they seem.  Say, for example, court rules require that briefs must “be double-spaced and in 12-point font with 1-inch margins.”  Knowing that a “point” is 1/72 of an inch, you might assume that the font should be 12/72, or …

[Read more...]

Solid Victory for Ind. Med Mal Plaintiffs’ Bar

On April 7 the Indiana Supreme Court handed the plaintiffs’ bar a solid victory in the six-year battle that has raged since issuance of the 2011 Indiana Court of Appeals decision in K.D. v. Chambers.  That decision was generally read as severely limiting the right of a medical malpractice plaintiff to add a new …

[Read more...]

Medicare Plans Sue Auto Insurers for Illegal Cost Shifting

When Medicare beneficiaries are taken to the ER after an auto accident, they’re likely to have their Medicare cards with them, but not their auto policies.  This creates a problem for Medicare because Medicare is supposed to be a secondary payer, liable for medical bills only if no primary payer is responsible …

[Read more...]