Civil Action Podcast

24. CIGA and the Impact on Medicare Payments; the Federal Torts Claims Act (FTCA) and Its Limitations Regarding Discretionary Functions; Indemnification of Additional Insurers; and “Rate of Compensation” versus “Rate of Pay.”

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CIGA and the Impact on Medicare Payments; the Federal Torts Claims Act (FTCA) and Its Limitations Regarding Discretionary Functions; Indemnification of Additional Insurers; and “Rate of Compensation” versus “Rate of Pay.”
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Brian and Shant discuss the following cases:

CIGA v. Azar, Sec. of HHS: When Medicare has a primary claim against an insured
party and the insurer becomes insolvent, state-mandated CIGA steps in but as an
insolvency insurer not a secondary payor.

Kim v. United States: Two young boys fall victim to a deadly outcome when a tree
limb breaks loose while camping in Yosemite. Unfortunately for the family, the FTCA
bars claims deemed a discretionary function of federal officials.

Target Corp. v. Golden State Insurance: When an additional insurer seeks
indemnification, does the merit of a claim determine the outcome when the nature of
the claim is beyond the parameters of the indemnification agreement.

Ferra v. Loews Hollywood Hotel: A hotel bartender argues that compensation
provided to her for missed breaks should include the full value of the hours worked or
the premium, inclusive of non-discretionary bonuses and gratuities.

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