has not filed a proper claim with a primary payer, and Medicare is unable to recover from the primary payer, Medicare may recover from the beneficiary or provider or supplier that was responsible for the failure to file a proper claim. Id. § 411.24(¿). A “proper claim” is “a claim that is filed timely and meets all other claim filing requirements specified by the plan, program, or insurer.” Id. § 411.21. Far from preempting the state-law workers’ compensation regime, then, the regulations accept that Medicare may be unable to recover from a carrier because a beneficiary failed to file a proper claim under state law. ■ Our decisions in Waters and Blue Cross and Blue Shield reinforce this conclusion. Cf. Waters v. Farmers Tex. Cnty. Mut. Ins. Co., 9 F.3d 397, 398-401 (5th Cir.1993) (<HOLDING>); Blue Cross & Blue Shield, 995 F.2d at 73
holding that there is no federal or colorado constitutional right to postconviction counsel but there is a limited statutory right holding that a public trust that exercised control over the beneficiarys employment did not change the benefit plan into a government plan because the trust did not establish the plan or control it holding that msp by its terms limits the governments right to reimbursement to situations in which prompt payment has been made or can reasonably be expected by a primary plan  holding that a payment is under the plan when the debt is provided for in the plan holding that when state law or the terms of a primary plan limit ah individuals right to payment the governments reimbursement is equally limited no matter what theory is pursued  statutory right or subrogation  the government stands exactly in the medicare beneficiarys shoes when recovering from the available insurance funds emphasis added