Medicare Set Aside and MMSEA Section 111 Legal Cases - Smith v. Sound Breeze Condo Assn. of Groton

Blackburn Group, Inc. MSA and MMSEA Section 111 Legal Cases - Smith v. Sound Breeze Condo Association of Groton, No. KNLCV 095012261s, 2011 WL 803067 (Ct. Sup. Ct., Feb. 3, 2011)

In this case, the Responsible Reporting Entity (RRE) requested permission to file a set of non-standard interrogatories to obtain the plaintiff's name, address, social security number, birth date and gender so that it could determine Medicare status for MMSEA Section 111 purposes.

However, the plaintiff objected on grounds that (a) the plaintiff was a not a Medicare beneficiary and the request was outside the scope of permissible discovery; (b) the request was overly broad and aimed at procuring non-discoverable private information; and (c) that the request was premature for MMSEA Section 111 purposes.

The court rejected all of the plaintiff's arguments and ruled that the requested information was relevant and ordered the plaintiff to produce the information. The court did recognize the plaintiff's privacy concerns, and therefore included a protective order as part of its ruling restricting the RRE's use of this information solely for MMSEA Section 111 compliance purposes.