How To Bungle A Discovery Request
October 29, 2015
A case history of a recent discovery dispute between a health care plan and the Centers for Medicare and Medicaid Services (CMS). The plaintiff, a New Orleans-based Medicare Advantage plan, maintained its valid claims, going back to Hurricane Katrina, were not being honored. According to a post from Zapproved, the way CMS handled the health care plan’s discovery request was a good example of how not to do it. Among other problems: the agency failed to put a legal hold in place until months after the litigation began, and it allowed each of 23 custodians to use their own search method.
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