Plaintiffs’ Attorneys – Stop trying to circumvent the Medicare conditional payment reinbursement process by suing Medicare

Medicare Set-Aside Blog on October 26, 2010 | Posted by

In yet another dismissal for lack of subject matter jurisdiction, on October 21, 2010 the United States District Court for the Eastern District of Kentucky dismissed an action brought by Benjamin Hicks against Medicare (and not Kathleen Sebelius) contending that because Medicare may have paid some of his medical bills, it may be entitled to reimbursement, and “should be required to assert its interests or otherwise be forever barred from doing so.”  As always, Medicare immediately removed the action to federal court and filed a motion to dismiss. And as always, sovereign immunity was not waived nor were the Medicare administrative remedies properly exhausted, so it was dismissed. Wouldn’t it just be easier to play by CMS’ rules and request a Conditional Payment Letter?


[See Hicks v. Joe & Barbara Chamberlain, 2010 U.S. Dist. LEXIS 112969 (E.D. KY Oct. 21, 2010).]