Legal Opinion
Bio-Medical Applications of Tennessee, Inc. v. Central States Southeast & Southwest Areas Health & Welfare Fund
Court of Appeals for the Sixth Circuit
Decided September 2, 2011No. 09-6121, 09-6169PublishedCited by 57 opinions
1Opinion of the CourtMerritt, J., joined by Cook, J.,
WHITE, J., (pp. 297-300), delivered a separate concurring opinion.
OPINION
MERRITT, Circuit Judge.
Medicare costs are rising. In 1980, Congress enacted the Medicare Secondary Payer Act (the “Act”) to counteract the growth of these costs. Before the Act, Medicare paid for all medical treatment within its scope and left private insurers merely to pick up whatever expenses remained. The Act inverted that system; it made private insurers covering the same treatment the “primary” payers and Medicare the “secondary” payer. This case involves the proper construction of the Act. At stake is who should…
2Cases cited19 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Perrin v. United StatesSupreme Court of the United States · 1979
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- Dolan v. United States Postal ServiceSupreme Court of the United States · 2006
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3Cited by57 opinions
- Guillermina Parra v. Pacificare of Arizona, Inc.Court of Appeals for the Ninth Circuit · 2013
- Humana Medical Plan, Inc. v. Western Heritage Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2016
- In Re Avandia Marketing, Sales Practices & Products Liability LitigationCourt of Appeals for the Third Circuit · 2012
- Taransky v. Secretary of the United States Department of Health & Human ServicesCourt of Appeals for the Third Circuit · 2014
- Aetna Life Insurance Company v. Big Y Foods, Inc.Court of Appeals for the Second Circuit · 2022
52 more not listed; retrieve them via the Exa API.