More MSPA Claims 1 Cases Dismissed

Commentary, Medicare Set-Aside Blog, MSP Litigation on August 10, 2016 | Posted by Jennifer Jordan, JD, MSCC

In its continuing efforts to bring MSP recovery claims against all PIP insurers in Florida under an alleged assignment from a now defunct Medicare Advantage Organization, MSPA Claims 1, LLC has had two more of its federal cases dismissed. What is unique about these two dismissals is that they are based on the various assignments of the recovery rights. The original assignment between Florida Healthcare Plus and La Ley Recovery Systems, Inc. required that any subsequent assignments be approved by FHCP and that requisite approval was not pled. Accordingly, these two courts found that MSPA does not have standing to bring these claims. These decisions are significant in that all other MSPA suits pending in both state and federal courts throughout South Florida should be impacted by the ruling.

MSPA CLAIMS 1, LLC, Plaintiff, v. Tower Hill Prime Insurance Company, Defendant.
Case No. 1:16-cv-20459-KMM
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
2016 U.S. Dist. LEXIS 104420
August 3, 2016

See also: MSPA Claims 1, LLC v. Kingsway Amigo Insurance Company (16-cv-20212-JLK) (ECF No. 35), July 28, 2016.