Medicare Set Aside and MMSEA Section 111 Legal Cases - "Putting Medicare On the Check" Cases

Blackburn Group, Inc. MSA and MMSEA Section 111 Legal Cases - Tomlinson v. Landers, No. 3:07-CV-1180-J-TEM, 2009 WL 1117399 (D. M.D. FL April 24, 2009); Zaleppa v. Seiwell No. 219 MDA 2009, 2010 WL 4633467 (Pa. Super. Ct., Nov. 17, 2010)

In these cases, the primary payers insisted that 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 Medicare Secondary Payer Statute giving the primary payer the right to insist that Medicare be a named payee on the settlement check.