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HAGERTY v. AZAR

CV 19-123-M-DWM.

488 F.Supp.3d 958 (2020)

John HAGERTY, personal representative for estate of William Hagerty and trustee for wrongful death claim beneficiaries; Larry Kins, personal representative for estate of Lillian Kins and trustee for wrongful death claim beneficiaries; Kathy Peltier, personal representative for estate of Richard Peltier and trustee for wrongful death claim beneficiaries; Margaret Wright (deceased) and Elisabeth Burrell, personal representatives for estate of Andrew Wright and trustee for wrongful death claim beneficiaries, Plaintiffs, v. Alex AZAR, Secretary, U.S. Department of Health & Human Services, Defendant.

United States District Court, D. Montana, Missoula Division.

Signed September 23, 2020.

Attorney(s) appearing for the Case

Allan M. McGarvey , McGarvey Heberling Sullivan & McGarvey, Kalispell, MT, for Plaintiffs.

John M. Newman , U.S. Attorney's Office, Missoula, MT, Victoria L. Francis , U.S. Attorney's Office, Billings, MT, for Defendant.

OPINION and ORDER

Plaintiffs challenge the Department of Health and Human Service's ability to recover Medicare conditional payments from Montana wrongful death settlements pursuant to the Medicare Secondary Payer statute, 42 U.S.C. § 1395y(b)(2)(B)(ii). Having reviewed the parties' filings and heard...

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