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TELECARE CORP. v. LEAVITT

No. 04-1389.

409 F.3d 1345 (2005)

TELECARE CORP., Plaintiff-Appellant, v. Mike LEAVITT, Secretary of Health and Human Services, Department of Health and Human Services, and Center for Medicare and Medicaid Services, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 25, 2005.

Attorney(s) appearing for the Case

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.

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.

Before CLEVENGER, RADER, and DYK, Circuit Judges.

DYK, Circuit Judge.

This case involves a dispute between Telecare Corp. ("Telecare") and the government as to Telecare's liability under the Medicare Secondary Payer statute, Social Security Act § 1862, codified at 42 U.S.C. § 1395y. The United States District Court for the Northern District of California held that Telecare was liable as a secondary payer. We affirm.

BACKGROUND

I

The defendants in this case administer the Medicare...

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