Kailash C. Pani, M.D., and Kailash C. Pani, M.D., P.C. v. Empire Blue Cross Blue Shield

JOHN M. WALKER, JR.,' Circuit Judge:

This appeal raises the issue of whether a private insurance company is entitled to official immunity when acting as a fiscal intermediary or a carrier on behalf of the United States in the administration of a Medicare program. We hold that a fiscal intermediary or carrier is immune from suit for torts that arise out of the performance of its duty to investigate and report possible Medicare fraud.

BACKGROUND

Plaintiff-appellant Kailash C. Pañi, M.D., a neurosurgeon and sole principal in plaintiff-appellant Kailash C. Pañi, M.D., P.C. (collectively “Pani”),…