Medicare does not pre-empt state workers compensation laws that establish rules dealing with the handling of medical claims, the 5th U.S. Circuit Court of Appeals has ruled.
The case dealt with whether claimants in a workers compensation case could bypass Texas workers compensation provisions mandating preauthorization of medical by filing a claim first with Medicare.
The case deals with the Medicare Secondary Payer Act, a law first enacted in 1980 and amended several times since then.
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