Harris also urges the Court to adopt the holding of a New York State case rejecting the Sixth Circuit decisions regarding the MSP statute. See Cooperative Health Insurance Fund v. Blue Cross and Blue Shield, 237 A.D.2d 963, 654 N.Y.S.2d 895 (N.Y.App.Div. 1997). First, the facts of that case appear slightly different from the facts of Baptist Memorial and Perry which are on all fours with the facts in the instant case.