§ 5.14 Federal Third-Party Payer Claims
Jurisdiction | Arizona |
§ 5.14 – Federal Third-Party Payer Claims
The third-party payer statute, 10 U.S.C. § 1095, is another federal law implicated in cases where the United States furnishes medical care to an injured person. The statute was enacted in 1985 and is a corollary to the FMCRA in that it provides a direct means of recovery against automobile insurers—including first-party insurers. See generally 32 C.F.R. §§ 220.1 to 220.14 and 32 C.F.R. § 757.14(e) (explaining § 1095 provides an alternate means for recovery as a third-party beneficiary of an insurance contract of the injured party where recovery under the FMCRA is not possible because no tort liability exists).
a. The Scope of Federal Third-Party Payer Claims
Although the phrase “third-party beneficiary” does not appear in the statute, “[t]he plain language of 10 U.S.C. § 1095 is clear that the United States’ right to reimbursement from third-party payers includes reimbursement from automobile insurers.” Warmbrod, 367 S.W.3d 778, 782 (App. Tex. 2012). Indeed, “the only way that a third-party payer can satisfy § 1095 is to pay the United States.” United States v. Chartis Ins. Agency, Inc., 834 F. Supp. 2d 459, 464 (E.D. Va. 2011) (emphasis...
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- § 5.1 Non-Statutory Consensual Liens
- § 5.2 Healthcare Provider Liens
- § 5.3 State Medical Care Cost Recovery Act (“MCCRA”) Claims
- § 5.4 County Healthcare Recovery Rights
- § 5.5 Workers' Compensation Recovery Rights
- § 5.6 Medical Payments (“Med Pay”) Insurer Liens
- § 5.7 Child Support Claims and Limited Income Withholding Orders (“LIWOs”)
- § 5.8 Medicaid | Arizona Health Care Cost Containment System (“AHCCCS”) Recovery Rights
- § 5.9 Medicare Recovery Rights (Medicare Parts A and B)
- § 5.10 Medicare Advantage Plan (“MA Plan”) and Prescription Drug Plan Recovery Rights (Medicare Parts C and D)
- § 5.11 Employee Retirement Income Security Act (“ERISA”) Plan Recovery Rights
- § 5.12 Federal Employee Health Benefits Act (“FEHBA”) Plan Recovery Rights
- § 5.13 Federal Medical Care Recovery Act (“FMCRA”) Claims
- § 5.14 Federal Third-Party Payer Claims
- § 5.15 Department of Veterans Administration (“VA”) Recovery Rights
- § 5.16 Federal Employees' Compensation Act (“FECA”) Claims
- § 5.17 Federal Tax Liens
- § 5.18 State Tax Liens
- § 5.19 Criminal Restitution Liens
- § 5.20 Attorneys' Liens
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