Tag Archives: reimbursement

Medicare plan can’t seek reimbursement from participant’s survivors

A private Medicare Advantage Organization plan could not sue a plan participant’s survivors for reimbursement out of the proceeds of an automobile insurance policy, the 9th U.S. Circuit Court of Appeals has ruled in affirming judgment.

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A federal court could not apply equitable principles to rewrite contractual language in an ERISA plan it deemed unfair. See “Courts can’t rewrite contract language in ERISA plan” U.S. Supreme Court. US Airways v. McCutchen, No. 11-1285. April 16, 2013. ...

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