New York Life Insurance v. United States

OPINION AND ORDER

HODGES, Judge.

Plaintiff filed a complaint in this court to recover money paid for health expenses of certain insurance agents whom it described as independent contractors. Plaintiff moved for summary judgment arguing that although these medical and hospital expenses were covered by a group health plan, they should have been paid by Medicare because Medicare was the primary payer for independent contractors 65 years of age and over prior to the enactment of the Omnibus Budget Reconciliation Act of 1993. See 42 U.S.C. § 1395y(b) (Supp. IV 1992). Defendant moved to dismiss…