United States v. Rhode Island Insurers' Insolvency Fund

CYR, Circuit Judge.

The question in this appeal is whether section 1395y(b)(2)(A) of the Medicare Secondary-Payer Act, 42 U.S.C. § 1395y(b)(2)(A) (the “MSP provision”), preempts various sections of the Rhode Island Insurers’ Insolvency Fund Act (the “RI-IIFA”) which purport to shift financial responsibility for “primary” insurance coverage from the Rhode Island Insurers’ Insolvency Fund (the “Fund”) to the federal Medicare program. The district court held the challenged RIIIFA provisions preempted, the Fund appealed, and we now affirm.

I

BACKGROUND

Enacted by the Rhode Island Legislature in 1988,…