Kenevan v. Empire Blue Cross and Blue Shield

MEMORANDUM OPINION AND ORDER

KIMBA M. WOOD, District Judge.

Defendant moves to dismiss Plaintiffs’ amended complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons stated below, the Court denies Defendant’s motion.

BACKGROUND

The Medicare program subsidizes the medical costs of persons 65 years of age or older, and those who are disabled. Medicare Part A generally covers inpatient hospital expenses and Part B covers particular medical expenses not covered by Part A, such as certain physicians’ services. 42 U.S.C. §§ 1395 et seq. Under Part B of Medicare, the…