CLM Magazine: Mapping Out a Course

In an article for CLM Magazine, MARC Coalition’s Heather Sanderson urges primary plans to consider best practices as courts rule in favor of Medicare Advantage Plans (MAP) recovering double damages. Sanderson astutely notes that with both the 3rd and 11th Circuit Courts finding in favor of MAPs being allowed to bring an Medicare Secondary Payer (MSP) private cause of action for double damages, industry is seeing “widespread” application of the double damages across the country. “The ease with which courts have determined a MAP can allege a sufficient double-damages MSP private cause of action claim is alarming,” writes Sanderson. “A recent district court case out of Illinois found that, for a MAP to allege an MSP private cause of action, it simply needs to allege that there is no genuine issue of material fact regarding the defendant’s status as a primary plan, the defendant’s failure to provide for primary payment or appropriate reimbursement, and the damages amount.”

The article in its entirely can be read here.

Featured News

  • MARC Coalition Announces 2026 Executive Committee

    December 18, 2025 (Washington, DC) – This week, the MARC Coalition, a national coalition advocating for the improvement of Medicare Secondary Payer (MSP) programs, announced their Executive Committee for 2026.   MARC’s Executive Committee consists of a Chair, Vice Chair, Secretary/Treasurer, and At-Large members. The officers are elected to 2-year terms, and At-Large members are elected to a […]

    Read Article
  • MARC Coalition Hosts Webinar to Discuss the CMS ORM program

    November 17, 2025 (Washington, DC) – The MARC Coalition today hosted a webinar about the CMS ORM program at 1:00pm ET. Presenters included David Farber, Partner at King and Spalding and Brian MacAllister, Senior Medicare Unit Manager – Managed Solutions at Liberty Mutual. Approximately 60 people attended the public webinar, including MARC members and industry stakeholders. […]

    Read Article
  • MARC Announces Introduction of the RAMP Act in 119th Congress

    Washington, DC (June 20, 2025)  Today, the Medicare Advocacy and Recovery Coalition (MARC) celebrated the introduction of the Repair Abuses of MSP Payments Act (RAMP Act, H.R. 4056), introduced in the U.S. House of Representatives by Representative Gus Bilirakis (R-FL) and Representative Brad Schneider (D-IL). The legislation advocates for modernizing the broken and outdated MSP “private cause […]

    Read Article