A healthcare provider cannot pursue double damages under the Medicare Secondary Payer Act (“MSPA”) before an insurer’s responsibility to pay has been established. The Michigan Court of Appeals Bronson Healthcare Group, Inc v Conifer Insurance Company, ___Mich App___ (2026) (entered Feb 2, 2026) held that a primary plan’s responsibility must first be “demonstrated” before Medicare reimbursement obligations become enforceable through a private MSPA action.

The decision is significant for No-Fault insurers: Conditional payments – whether from Medicare or a Medicare Advantage Organization – do not alone trigger statutory liability and exposure to double damages in cases where a legitimate coverage dispute exists. MSPA exposure follows established liability but does not create it.