The filed a motion for partial summary judgment on the issue of liability on 1/28/2010 and reserved for later the issue of damages. Not all defendants were included in the motion, specifically excluded were the insurance carriers and some of the plaintiff law firms because discovery was needed to identify the money they may have paid or received as part of the settlement transaction. While certain parties are excluded for the moment, it is clear the Government intends to obtain a settlement from all parties named in the Complaint. The motion’s purpose is to dispose quickly of the issue of liability so the Government can focus the parties on damages. The Government admits the issue of damages will be contentious, an understatement to say the least, given the liberality of what it considers are conditional payments. Read the blog by Roy Franco
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Roy seems to suggest a "friendly motion" to enter judgment detailing the allocation between TPOC and claim-related Medicare-eligible expenses may be the only way to go. However, I believe CMS has stated that they would not accept such a judgment because it did not result from a factual determination arising from a contested hearing.