Statute of Limitations for Medicare suit

[Guest JD698]

Medicare paid out as primary for union member and his wife in 1995 when the Health Fund was supposed to pay as primary. The overpayment "debt" was supposedly referred to a collection agency by HHS in 1997, however, the Health Fund has no documentation showing notice until 2003.

Regardless of the notice issue, what, if any, is the Statute of Limitations for Medicare/HHS to commence a lawsuit/seek a judgment against the Health Fund? If the statue of limitations has expired, what exposure does the Fund face?

Any help is appreciated.