[WSBAPT] Center for Medicare and Medicaid Services (CMD), Coordination of Benefits & Recovery (COB&R)

[Alexis Singletary]

Brief Estate Facts:

Man killed in motorcycle accident on 7/3/2013, age 59.  No Will; not married, no kids, no parents, 4 siblings.  On disability at time of death.  Estate opened, 8/5/13; Notice to Creditors published beginning 8/16/2013; sent to DSHS/DOR on 8/15/13.  Estate administered: $25,000 policy limits recovered each on 3rd party liability and 1st party UIM coverage; real estate transferred to one sibling via TEDRA; other siblings paid for share of estate from sibling who retained house.  Declaration of Completion filed 2/4/2016.

4/11/16 I receive a letter from Center for Medicare and Medicaid Services (CMD), Coordination of Benefits & Recovery (COB&R) notifying me that a Medicare Secondary Payer recovery case has been established in their system.  So, a subrogation claim for Medicare benefits paid on decedent’s behalf.  I don’t see how any Medicare benefits could have been paid related to the Date of Incident since he was pronounced dead at the scene, but we’ll see what the Payment Summary/Demand Letter we get in the next two months.  Probably ambulance response, etc. but would be limited.

My question for the group, and suspecting some of you have experience with COB&R, is: doesn’t the 2 year bar of RCW 11.40.051 apply?  I recall on the listserv a post that the bar applies to DSHS, but not sure on the overlap of what applies here for the Feds involved.  Back in my old life I did some PI work and successfully got subrogation claims waived where recovery was low policy limits such that the injured party was not made “whole”, so I think we can argue that, but best to say “too bad, you’re too late; by 8 months.”

Thoughts?
Thanks!
Alexis
____________________________
Alexis R. Singletary
Attorney at Law
Singletary Law Office, PLLC
253.833.8855
www.SingletaryLawOffice.com<http://www.singletarylawoffice.com/>

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