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U.S. v. RHODE ISLAND INSURERS' INSOLVENCY FUND

No. 95-1964.

80 F.3d 616 (1996)

UNITED STATES of America, Plaintiff, Appellee, v. RHODE ISLAND INSURERS' INSOLVENCY FUND, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 5, 1996.

Attorney(s) appearing for the Case

Margaret A. Robbins, with whom Joseph C. Tanski and Hutchins, Wheeler & Dittmar, Boston, MA, were on brief for appellant.

Clifford M. Pierce, Assistant Regional Counsel, Department of Health and Human Services, Boston, MA, with whom Sheldon Whitehouse, United States Attorney, and Michael P. Iannotti, Providence, R.I., Assistant United States Attorney, were on brief for appellee.

Before TORRUELLA, Chief Judge, CYR and STAHL, Circuit Judges.

CYR, Circuit Judge.

The question in this appeal is whether section 1395y(b)(2)(A) of the Medicare Secondary-Payer Act, 42 U.S.C. § 1395y(b)(2)(A) (the "MSP provision"), preempts various sections of the Rhode Island Insurers' Insolvency Fund Act (the "RIIIFA") which purport to shift financial responsibility for "primary" insurance coverage from the Rhode Island Insurers' Insolvency Fund (the "Fund") to the federal Medicare program. The district court held the...

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