Mr. Cynkar, while at another firm, was part of a team representing the Blue Cross & Blue Shield Association challenging Medicare regulations promulgated under a federal statute that makes Medicare a payer secondary to private insurers in certain circumstances, and requires reimbursement of Medicare when it has improperly made a primary payment.
Mr. Cynkar successfully argued Health Insurance Association of America v. Shalala in the U.S. Court of Appeals for the DC Circuit that regulations that purported to allow Medicare to secure reimbursement from the third party administrators of insurance plans, and to ignore the claims filing deadlines in insurance contracts, was unlawful.