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STALLEY EX REL. U.S. v. CATHOLIC HEALTH INITIATIVES

Nos. 06-3884, 06-4121.

509 F.3d 517 (2007)

Douglas B. STALLEY, on behalf of the UNITED STATES of America, Plaintiff/Appellant, v. CATHOLIC HEALTH INITIATIVES, a Colorado Corporation; Bergen Mercy Foundation, Inc., a Nebraska corporation; Alegent Health-Bergen Mercy Health System, a Nebraska corporation; Alegent Health, a Nebraska corporation; Preferred Professional Insurance Company, a Nebraska corporation; Advocate Insurance Resources SPC, a Cayman Islands company, Defendants/Appellees. Douglas B. Stalley, on behalf of the United States of America, Plaintiff/Appellant, v. Triad Hospitals, LLC, a Delaware limited liability company; Triad Hospitals, Inc., a Delaware Corporation; Triad Hospitals Holdings, Inc., a Delaware corporation; Partheno Insurance Company, Limited, a Bermuda company; Health Midwest Insurance Company, Limited, a Cayman Islands company; Health Care Indemnity, Inc., a Colorado corporation, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 27, 2007.

Attorney(s) appearing for the Case

Kenneth L. Connor, argued, Leesburg, VA (Kathleen Clark Knight, Tampa, FL, on the brief,), for appellant, Douglas B. Stalley.

Catherine E. Stetson, argued, Washington DC, (Philip Kaplan, Little Rock, AR, on the brief, Stephen J. Immelt, Therese M. Goldsmith, Baltimore, MD, on the brief, Dominic F. Perella, Washington, DC, on the brief), for appellees, Catholic Health Initiatives, et al.

Gregory M. Luce, argued, Washington, DC, (Jason B. Hendren, Little Rock, AR, on the brief, Gregory M. Luce, Edward K.M. Bilich, Paul R. Reichert, Washington DC, on the brief), for appellees, Triad Hospitals, LLC, et al.

Before WOLLMAN, BRIGHT, and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

In these two consolidated appeals we consider whether a plaintiff who has alleged no injury to himself has standing to bring suit under the Medicare Secondary Payer statute, 42 U.S.C. § 1395y(b)(3)(A). Because we conclude that the suit authorized by the statute is a private cause of action, which requires the plaintiff to have standing in his own right, rather than a qui tam statute, which allows the plaintiff to assert injury...

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