United States v. Blue Cross & Blue Shield of Maryland, Incorporated, Blue Cross and Blue Shield Association, Amicus Curiae

OPINION

ERVIN, Chief Judge:

This case presents the question whether an insurance company offering gap-filling coverage to Medicare patients may construe its coverage to exclude reimbursement to VA hospitals because the hospitals do not derive benefits first from the Medicare system. We hold that it may not, and affirm the district court.

I

The facts of this case are straightforward and undisputed. Eleven veterans, who held Medicare supplemental (“medi- gap”) policies issued in Maryland 1 by Blue Cross & Blue Shield of Maryland, Inc. (“BCBS”), received medical care and treatment at the Department…