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BLUE CROSS & BLUE SHIELD v. SHALALA

No. 92-1534.

995 F.2d 70 (1993)

BLUE CROSS AND BLUE SHIELD OF TEXAS, INC., Plaintiff-Appellee, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 13, 1993.

Attorney(s) appearing for the Case

Michael S. Raab, Barbara C. Biddle, U.S. Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, Marvin Collins, U.S. Atty., Dallas, TX, for defendant-appellant.

Robert Roller, Kathryn E. Allen, Boyce C. Cabaniss, Graves, Dougherty, Hearon & Moody, Austin, TX, for plaintiff-appellee.

Before JOLLY and DAVIS, Circuit Judges, and BRAMLETTE, District Judge.

W. EUGENE DAVIS, Circuit Judge:

This declaratory judgement action raises a single issue of statutory interpretation: whether the 1989 amendment to the Medicare as Secondary Payer (MSP) statute, codified at 42 U.S.C. § 1395y(b)(1)(C), requires group health care plans to offer continuation coverage to individuals who are eligible for Medicare because they have End Stage Renal Disease (ESRD). We conclude that it does not, and therefore affirm the district court...

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