U.S. Supreme Court
The NFIB Legal Foundation joined an amicus brief in support of a petition for writ of certiorari seeking review of a Federal Circuit Court decision that permitted Medicare to bill employers when the agency overpaid on a claim filed by an employee. Medicare then sought repayment from the employer and not the medical insurer under the Medicare Secondary Payer Act. NFIB argued that the Federal Circuit failed to recognize that it was Congress’ intent under ERISA to allow small employers the option to only pay insurance premiums and not be forced to provide the ultimate medical benefits.
Status: Decided. Amicus brief filed Sept. 20, 2005. The Court denied review Jan. 9, 2006.
