Young, Berman, Karpf & Gonzalez, P.A.

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Archive: 2011

Uhm v. Humana Inc. Unfinished Business

» Posted July 1, 2011Articles, News

By George W. Wickhorst, III, Young, Berman, Karpf & Gonzalez, P.A., Miami, FL

In 2003, Congress enacted the Medicare Modernization Act (MMA) which, among other things, amended the preemption language of the Medicare Act.2 The amended preemption language seemed to signal Congress’ clear intent to expand the old preemption standard as it applied to Medicare claims to something closer to the “super preemption” found under ERISA.

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