Tom Berger Obtains Ruling that a Medicare Eligible Plaintiff Who Does Not Submit Bills to Medicare May Only Board His Medical Bills at the Medicare Rate.

September 13, 2022 by on News

On April 28, 2022, the Florida Supreme Court issued its opinion in Dial v. Calusa Palms 337 So. 3d 1229 (Fla 2022) which confirmed and hopefully ended the issue of the correct amount that can be “boarded” for past medical expenses when Medicare has paid the past medical bills. However, even when Medicare is available to a Plaintiff, not all doctors want to accept it for treatment. Therefore, some of these doctors will continue to utilize letters of protection and forego immediate payment from Medicare, even though they accept Medicare in other circumstances. Tom Berger recently obtained an order from Judge Katrenakes in Palm Beach County granting a Motion in Limine excluding the gross amount of the medical bills. It was undisputed that Plaintiff was Medicare eligible but three of Plaintiff’s providers did not submit the bills to Medicare. The Judge ruled that the Plaintiff could only board the amounts Medicare would have paid had Plaintiff’s providers submitted the bill to Medicare. Judge Kastrenakes’ order, which we wrote and he adopted, is a complete analysis of the issue.

Order on Defendant's Motion in Limine on Plt Past Medical Expenses

Thomas A. Berger
Direct: 904.208.0710

About Thomas A. Berger:

Tom is an experienced trial attorney who has tried seven cases to verdict in the past five years. His trial experience is in state courts and mediated settlements from Fort Pierce to Key West, including the counties of St. Lucie, Martin, Palm Beach, Broward, Miami-Dade and Monroe. He has also argued appeals before the Florida Fourth District Court of Appeal.

Comprehensive Services

Many cases overlap several areas of law. As a full service law firm, we are able to recognize how one legal discipline impacts another. We work as a team on complex issues that require knowledge of a variety of state and federal laws. This multi-disciplinary approach allows clients to receive the large-firm advantage of access to multiple attorneys in a wide scope of practice areas as well as the hands-on customer service offered by a boutique law firm. In addition to civil litigation, employment law, workers’ compensation defense, commercial law, construction law and appeals, our firm also handles professional liability claims.

Our bilingual staff is available to assist with immigration matters, including consular and removal defenses.