MSP Statute definition

MSP Statute means the Medicare Secondary Payer (“MSP”) statute. 42 U.S.C. § 1395y(b). “Released Matter” and “Released Matters” mean any released accident, occurrence, injury, illness, disease, loss, claim, demand, or damages subject to this Agreement and the releases herein. “Releasee” means Calyxt, as fully defined in paragraph 2 of this Agreement, above. Xxxxx represents and warrants that he is not enrolled in the Medicare program, was not enrolled in the Medicare program at the time of the Released Matters or thereafter through the date of this Agreement, and has not received Medicare benefits for medical services or items arising from or in connection with the Released Matters. Xxxxx further represents and warrants that no Medicaid payments have been made to him or on her behalf and that no liens, claims, demands, subrogated interests, or causes of action of any nature or character exist or have been asserted arising from or related to any Released Matters. Xxxxx further agrees that he, and not the Releasee, is responsible for satisfying all such liens, claims, demands, subrogated interests, or causes of action that may exist or have been asserted or that may in the future exist or be asserted. Finally, Xxxxx agrees to indemnify and hold harmless the Releasee from any and all claims, demands, liens, subrogated interests, and causes of action of any nature or character that have been or may in the future be asserted by Medicare and/or persons or entities acting on behalf of Medicare, or any other person or entity, arising from or related to this Agreement, the payment of the Settlement Sum, any Conditional Payments made by Medicare, or any medical expenses or payments arising from or related to any Released Matters that are subject to this Agreement or the release set forth herein, including but not limited to: (i) all claims for reimbursement of Conditional Payments or for damages or double damages based upon failure to reimburse Medicare for Conditional Payments; (ii) all claims for penalties based upon any failure to report, late reporting, or other noncompliance with Section 111 of MMSEA that is based in whole or in part upon late, inaccurate, or inadequate information provided to Releasee by Xxxxx or upon any failure of Xxxxx to provide information; and (iii) all Medicaid liens. This indemnification obligation includes all damages, double damages, fines, penalties, attorneys’ fees, costs, interest, and judgments incurred by or on behalf of Releasee in connecti...

MSP Statute means the Medicare Secondary Payer (“MSP”) statute. 42 U.S.C. § 1395y(b).

Examples of MSP Statute in a sentence

• In addition, insurers challenged CMS's position that a broad general release (which would include, by implication, post-December 5, 1980 liability) could itself ever trigger Section 111 obligations, finding CMS's assumption unsupported by the language of the MSP Statute and its legislative history.

• To impose such obligations would give retroactive application to the MSP Statute in violation of long-standing constitutional principles.

• As stated by AIA in a recent follow-on letter to CMS, "by clarifying the application of the MSP Statute and Section 111 obligations in relation to Group 2 Claims, CMS can remove an important area of uncertainty for all affected parties (beneficiaries, their counsel, NGHP and counsel, even judges and courts)." We participated in the September 29 call with CMS and would be happy to discuss the proposed reporting exception in more detail with interested clients.

• Under the Medicare Secondary Payer (MSP) Statute, CMS may seek recovery of its payments to medical providers if it learns an insurer had the obligation to pay those costs as the primary payer, regardless of whether that insurer has made payment to the provider or Medicare beneficiary.

• Tuition shall be payable bi-annually on or before the first day of each semester.

• Beginning in 1980, Congress enacted a series of laws known collectively as the MSP Statute, 42 U.S.C. § 1395y(b)(2), which made Medicare the secondary payer to certain other primary plans specifically to shift costs from Medicare to private sources of payment.

• The MSP Statute specifically provides that, if a primary plan “has not made or cannot reasonably be expected to make payment with respect to such item or service promptly,” Medicare pays for those medical expenses, but those payments are conditioned on reimbursement if it is demonstrated that aprimary plan had responsibility to pay for those medical expenses.

• Centura, in contrast, asserts that the MSP Statute prohibited treating Medicare as a primary payer and that, therefore, it could not have been a “primary medical payer of benefits” under the Lien Statute.

• The third element in establishing MSP liability is to show that Monsanto, Solutia and Pharmacia are responsible primary plans under the MSP Statute.

• An employee engaged in commercial cannabis cultivation activity shall be subject to Wage Order 4-2001 of the Industrial Welfare Commission.