§ 6.10 Priority of MA Plan Recovery Rights

• Jurisdiction: Arizona

§ 6.10 – Priority of MA Plan Recovery Rights

As with ERISA, the preemption provision under Medicare Part C broadly states “[t]he standards established under this part shall supersede any State law or regulation (other than State licensing laws or State laws relating to plan solvency) with respect to MA plans which are offered by [MAOs] under this part.” 42 U.S.C. § 1395w-26(b)(3) (emphasis added). Although the phrase “with respect to” is not defined, the Conference Report accompanying the latest amendment...