BIO-MEDICAL APPLICATIONS OF GA. v. City of Dalton

ORDER

HAROLD L. MURPHY, District Judge.

Plaintiff provided dialysis services to a participant (identified as the “Patient”) in Defendant’s Employee Health Benefit Plan (the “Plan”). Plaintiff alleges that Defendant’s decision to terminate Patient’s coverage under the Plan when he became eligible for Medicare benefits because of end stage renal disease (“ESRD”) violated the Medicare as Secondary Payer (“MSP”) Act, 42 U.S.C. § 1395y(b), entitling Plaintiff to double damages under the MSP Acts private cause of action provision. (Compl. ¶¶ 1-18 and Count II). Plaintiffs Complaint also alleges…