Sixth Circuit finds that Bio-Medical can Pursue a Cause of Action
Sixth Circuit finds that Bio-Medical can Pursue a Cause of Action under the MSPA for Fund’s Terminating Coverage for Renal Disease
Partner Jim Bennett argued before the United States Court of Appeals for the Sixth Circuit on behalf of Bio-Medical Applications of Tennessee, Inc. in a case involving the Medicare Secondary Payer Act (MSPA). The district court had found that Bio-Medical could not pursue a private cause of action under the MSPA even though the fund violated the MSPA when it terminated a patient’s coverage once the patient was entitled to Medicare due to end stage renal disease. The Court of Appeals reversed the district court’s ruling dismissing Bio-Medical’s private cause of action under the MSPA. The case was remanded for a determination of damages under the MSPA’s double damages provision. The case is Bio-Medical Applications of Tennessee, Inc. v. Central States Southeast and Southwest Area Health and Welfare Fund, 09-6121. Partners Megan Heinsz and Jennifer Aspinall worked on the case.