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This bill restricts the private right of action against insurance plans that do not provide appropriate primary payment in cases in which Medicare is a secondary payer. Current law allows for a private right of action against primary plans that do not provide appropriate primary payment in cases in which Medicare is a secondary payer; this provision applies to group health plans, workers' compensation plans, automobile or liability insurance plans, and no-fault insurance plans. The bill limits this provision to group health plans.
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