Wilson v. State Farm: One Small Victory for Primary Payers in the MSP Arena

A federal court in the Western District of Kentucky recently provided much awaited clarification on one of many troubling dilemmas faced by defendants, insurers and their  attorneys who are working to adhere to the requirements of Medicare Secondary Payer ("MSP") law.  Despite the challenges associated with complying with MSP law, all of those involved in the settlement of a claim that involves personal injury damages must be diligent to avoid the post-settlement potential for liability to the Centers for Medicare & Medicaid Services ("CMS").