Administrative: Medicare Reimbursement – Wrongful Death Settlement – Missouri Statute

Staff Report//February 6, 2009//

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Where a family that settled a wrongful death action sought a declaratory judgment that they did not have a duty to reimburse Medicare, the settlement resolved a claim for medical expenses that Medicare had already paid, and the district court properly granted summary judgment to the defendants on the basis that Medicare had a right to reimbursement under 42 U.S.C. Section 1395y.

Judgment is affirmed.

Mathis, et al. v. Leavitt (MLW No. 58585/Case No. 08-1983 – 5 pages) (U.S. Court of Appeals, Eighth Circuit, Arnold, J.) Appealed from U.S. District Court, Western District of Missouri, Dorr, J. (Jay D. Seaton, Kansas City, Mo., argued for appellant; Robert W. Tormohlen appeared on the brief) (Jeffrey P. Ray, Kansas City, Mo., argued for appellee).