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Is there an SOL on Medicare requesting repayment for conditional payments for a workers comp injury? The injury was 1992.

Reno, NV |

We have received a Conditional Payment letter from MSPRC requesting repayment for claims paid in 1992 which were related to a worker's compensation claim. We intend to object, and would like to be able to cite a statute of limitations. I know the SOL in Nevada, but is Medicare subject to the Nevada law the way a Nevada Insurer would be?

Attorney Answers 3


  1. No. There is no SOL. If you were represented by an attorney, call them because they should have been aware of the subrogation interest. That said, you DO owe the money. If it's any consolation, the attorney and the insurance company are jointly and severably liable. That simply means that the money owed can be collected from you, your attorney, or the insurance company.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  2. There is something called the Supremacy Clause, which states that the States cannot infringe upon a Federal area without its permission. The Nevada SOL is not going to apply to the Medicare Conditional Payment issue. You can object all you want, but if you were collecting Medicare treatment benefits and settled your WC case for those injuries, you are at risk.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


  3. Medicare has a federal 3 year statute if you reply to my comment with your email I can send you the documentation you need.

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