252 F. Supp. 2d 312 - Brown v. Thompson’s Empirical Analysis
2003
Citation profile
2 federal appellate · 1 district · 1 state decisions
Relationships
Applies 42 U.S.C. § 1395Y (§ 1862 of the Social Security Act of 1935)
Relies on New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance · Reiter v. Sonotone Corp. · Rubin v. United States · Crosby Secretary of Administration and Finance of Massachusetts v. National Foreign Trade Council · Howe v. Smith
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under the statute, payment may not be made with respect to any item or service to the extent that payment has been made, or prompt payment... can reasonably be expected to be made, under a liability or no fault insurance policy or plan. However, payments can be made in the event that a provider will not receive prompt payment from a third party payer or from the proceeds of a liability settlement or judgment. These payments, however, are conditioned on reimbursement to Medicare in the event that payment for the same services is received from a liability or no fault insurer.”
1 later decision quote this exact passage · from the concurrence“must refer only to that portion of subparagraph A that defines a primary plan. In other words, the reference to subparagraph A in subparagraph B serves simply to define the universe of reimbursable payments to consist of those where primary coverage exists.... Properly construed, therefore, subparagraph B requires reimbursement for a payment, as here, that”
1 later decision quote this exact passage · from the concurrence“the Secretary to claim a portion of the Kaiser settlement payment as reimbursement for the earlier Medicare payments occasioned by the malpractice, given that at the time the Medicare payments were made, the settlement was not reasonably expected to be paid promptly,”
1 later decision quote this exact passage · from the majoritye.g. Brown v. Thompson
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.