Coop. Health Insurance Fund v. Blue Cross

1 Citing case

  1. Harris Corp. v. Humana Health Ins. Co.

    253 F.3d 598 (11th Cir. 2001)   Cited 15 times
    Holding that there is a private cause of action under the MSP "in cases involving the failure of an insurance plan to make its coverage primary to Medicare as required by the statute," such as when a private insurer denies "a timely claim for benefits based solely on [a Medicare beneficiary's] eligibility for Medicare"

    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.