Jafar v. Blue Cross Blue Shield

OPINION OF THE COURT

Herman Cahn, J.

This motion raises the issue of whether statements made in the course of a Medicare overcharge hearing mandated by and conducted pursuant to Social Security Act, title 18, part B are to be afforded the same absolute privilege accorded statements made during the course of judicial proceedings. The court concludes that under Federal law applicable herein, such statements are absolutely privileged and therefore grants defendant’s motion to dismiss the complaint.

The complaint asserts a cause of action for defamation and punitive damages. It alleges that…