Legal Opinion
Medicare Beneficiaries Defense Fund v. Memorial Sloan-Kettering Cancer Center
New York Supreme Court
Decided September 28, 1993PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Shirley Fingerhood, J.
The question presented on this motion is whether Medicare beneficiaries have a private right of action against a hospital for refund of amounts they have paid for physicians’ services in excess of those permitted by Federal and State limiting charge laws. Defendant (hereinafter referred to as the hospital or Memorial) moves to dismiss the complaint contending, first, that those statutes do not create private rights of action; and second, that the limiting charge laws do not apply to hospitals, although Memorial has voluntarily complied with them to…
2Cases cited9 opinions
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Carpenter v. City of PlattsburghAppellate Division of the Supreme Court of the State of New York · 1985
- Debevoise & Plimpton v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
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3Cited by2 opinions
- Ortiz v. Ciox Health LLCDistrict Court, S.D. Illinois · 2019
- Sterling v. AckermanAppellate Division of the Supreme Court of the State of New York · 1997