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NYS Appellate Division Second Judicial Department Reverses Ruling in Trezza v. Trezza

  • Precision
  • January 3rd, 2013

In a reversal of arguments as to the enforceability of claims for reimbursement of Medicare Advantage Plans, on December 26, 2012 [argued September 21, 2012] the New York State Appellate Division, Second Judicial Department has reversed the lower court's decision in the appeal of the matter of the Kings County Supreme Court decision of Trezza v. Trezza, 32 Misc 3d 1209[A], 2011 NY Slip Op 51237[U] (Sup Ct, Kings County). 

The Second Department held that: "General Obligations Law §5-335, insofar as applied to Medicare Advantage organizations under Part C, is preempted by federal law since it would impermissibly constrain contractual reimbursement rights authorized under the "Organization as secondary payer" provisions of the Medicare Act."

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NYS Appellate Division Second Judicial Department  Reverses Ruling in Trezza v. Trezza
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