Woods v. Empire Health Choice, Inc.

LIVINGSTON, Circuit Judge:

Plaintiff-Appellant Jack Woods (“Woods”) appeals from the August 20, 2007 judgment of the United States District Court for the Eastern District of New York (Irizarry, J.), dismissing for lack of standing his complaint asserting a private cause of action under 42 U.S.C. § 1395y(b), the Medicare Secondary Payer statute (the “MSP”). Woods argues primarily that the MSP’s private cause of action provision, 42 U.S.C. § 1395y(b)(3)(A), which allows a private party to bring suit to recover from a primary insurer amounts the insurer was required, but failed, to pay, grants…