Tomlinson v. Landers & Zaleppa v. Seiwell

Tomlinson v. Landers,
No. 3:07-CV-1180-J-TEM, 2009 WL 1117399
(D. M.D. FL April 24, 2009)

AND

Zaleppa v. Seiwell
No. 219 MDA 2009,
2010 WL 4633467
(Pa. Super. Ct., Nov. 17, 2010)

In these cases, the primary payer was insisting that the Medicare be a named payee on the settlement check (i.e. “putting Medicare on the check”) to ensure that Medicare was reimbursed for conditional payments. However, the court in both cases ruled that based on the operable facts there was no authority under the MSP giving the primary payer the right to insist that Medicare be a named payee on the settlement check.