PANI v. EMPIRE BLUE CROSS BLUE SHIELD

Docket No. 97-7086

152 F.3d 67 (1998)

Kailash C. PANI, M.D., and Kailash C. Pani, M.D., P.C., Plaintiffs-Appellants, v. EMPIRE BLUE CROSS BLUE SHIELD, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 24, 1998.


Attorney(s) appearing for the Case

Arthur R. Block, New York City, for Plaintiffs-Appellants.

Jeffrey D. Chansler, New York City (Kathleen L. Ames, Office of Jeffrey D. Chansler, New York City, Of Counsel), for Defendant-Appellee.

Gideon A. Schor, Assistant United States Attorney (Mary Jo White, United States Attorney for the Southern District of New York, Steven M. Haber, Assistant United States Attorney, Of Counsel), for Amicus Curiae United States of America.

Before: VAN GRAAFEILAND and WALKER, Circuit Judges, and KOELTL, District Judge.


JOHN M. WALKER, JR., Circuit Judge:

This appeal raises the issue of whether a private insurance company is entitled to official immunity when acting as a fiscal intermediary or a carrier on behalf of the United States in the administration of a Medicare program. We hold that a fiscal intermediary or carrier is immune from suit for torts that arise out of the performance of its duty to investigate and report possible Medicare fraud.

BACKGROUND

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