United States Federal Circuit

The Medicare Secondary Payer statute, Social Security Act section 1862, allows the United States to initiate an action for reimbursement of medical expenses against any employer that "sponsors or contributes to" a group health plan.

Appellate Information

• Decided 05/25/2005
• Published 05/25/2005

Judges

• DYK, Circuit Judge., Before CLEVENGER, RADER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey L. Fisher, Davis Wright Tremaine LLP, of Seattle, Washington, argued for plaintiff-appellant.   On the brief were James P. Walsh, of San Francisco, California, and D. Bruce Lamka, of Seattle, Washington.   Of counsel was Peter L. Isola, of San Francisco, California.


• For Appellees:
  
• Alisa B. Klein, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees.   With her on the brief were Peter D. Keisler, Assistant Attorney General, Kevin V. Ryan, United States Attorney, of San Francisco, California, and Mark B. Stern, Attorney.   Of counsel on the brief were Alex Azar, II, General Counsel, Robert P. Jaye, Acting Associate General Counsel, Carol Bennett, Deputy Associate General Counsel for Program Integrity, and Howard S. Cohen, Attorney, United States Department of Health and Human Services, of Washington, DC.