MEDICARE SECONDARY PAYOR/LIENS

Wentz v. Kindred Hosp., No. 03-21443-CIV (S.D. Fla. Aug. 4, 2004)

A class action lawsuit was filed following a billing dispute between a hospital and the estate of a decedent who was treated at the hospital after suffering serious injuries from being hit by a car. The hospital billed Medicare for the treatment, but then asserted a lien on any recovery obtained by the estate after discovering that a personal injury lawsuit had been filed against the insured third party responsible for the accident. The estate claimed that the hospital, in asserting its lien, violated the Medicare regulations by seeking additional monies in excess of the payments already received from Medicare. The District Court for the Southern District of Florida held that no implied private right of action existed under the Medicare statute against a provider in this situation.