Civil Monetary Penalties relating to Medicare and Medicaid Services

By Bruce Cranner The Centers for Medicare and Medicaid Services (CMS) has finalized and published the rule specifying how and when it will calculate and impose civil monetary  penalties (CMPs) when Group Health Plan (GHP) and Non-Group Health Plan (NGHP) Responsible Reporting Entities (RREs) fail to meet their Medicare Secondary Payer (MSP) reporting obligations.  The...

NO CGL INSURANCE COVERAGE FOR BREACH OF FIDUCIARY DUTY; ECONOMIC DAMAGES ARE NOT “BODILY INJURY”

In Discover Property & Cas. Ins. Co.; The Traveler Indemnity Co. of Connecticut v. Blue Bell Creameries USA, Inc. et al, 22-50842,  the U.S. Fifth Circuit Court of Appeals considered an appeal of a summary judgment excluding coverage for the alleged breach of fiduciary duty and economic losses by the Blue Bell defendants associated with...

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