Humana Medical Plan, Inc. v. Mary Reale
No. 10-21493-Civ., 2011 WL 335341 Jan. 31, 2011
(D. S.D. Fla, January 31, 2011)
Parra v. Pacificare of Arizona, Inc.
No. CV 10–008–TUC–DCB, 2011 WL 1119736
(D. Arizona, March 28, 2011)
The main issue presented in these cases involved whether Medicare Advantage Plans could assert their recovery actions in the federal court (i.e. whether or not the federal courts had proper jurisdiction over these claims)
For the reasons more outlined in the case decisions, the courts basically ruled that the federal courts did not have proper subject matter jurisdiction to hear these cases. In reaching this decision, the courts essentially found that while the MSP provides Medicare Advantage Plans with recovery rights, these plans do not enjoy the same rights as the federal government in terms of recovery claims in federal court. It is important to note that the courts did not rule that Medicare Advantage Plans do not have recovery rights. Rather, the courts in these cases ruled that the federal courts did not have jurisdiction over recovery actions involving Medicare Advantage Plans. Continue reading “Humana Medical Plan, Inc. v. Mary Reale & Parra v. Pacificare of Arizona, Inc.”