United States Third Circuit

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Taransky v. Secretary of the US Department of Heath and Human Services, 13-3483

Plaintiff, a Medicare beneficiary, is required to reimburse the Government for conditional medical expenses that it advanced on her behalf under the Medicare as a Secondary Payer Act (MSP Act), where: 1) plaintiff had obtained court approval of her personal injury settlement stating that her recovery did not include conditional payments made by Medicare under the New Jersey Collateral Source Statute (NJCSS), which prevents a tort plaintiff from recovering damages from both a collateral source of benefits (i.e., a health insurer) and a tortfeasor; 2) the Medicare Appeals Council did not err in finding that the state court's order, which was entered upon a stipulation of the parties, did not constitute a court order on the merits of the case; 3) substantial evidence supported the Appeals Council's finding that plaintiff's settlement included medical expenses; and thus, 4) plaintiff remains responsible for reimbursing the Government in spite of the state court's allocation order.

Appellate Information

  • Decided 07/29/2014
  • Published 07/29/2014

Judges

  • HARDIMAN

Court

  • United States Third Circuit

Counsel

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