BIO-MEDICAL APPLICATIONS OF GA. v. CITY OF DALTON

Civil Action No. 4:08-CV-0134-HLM.

685 F.Supp.2d 1321 (2009)

BIO-MEDICAL APPLICATIONS OF GEORGIA, INC., d/b/a/ BMA of Dalton, individually and as assignee of Patient, Plaintiff, v. CITY OF DALTON, GEORGIA, Defendant.

United States District Court, N.D. Georgia, Rome Division.

October 13, 2009.


Attorney(s) appearing for the Case

Douglas Thomas Gibson, The Gibson Law Firm, LLC, Marietta, GA, for Plaintiff.

Bernard V. Kearse, III, Kearse & Associates, P.C., Sandy Springs, GA, for Defendant.


ORDER

HAROLD L. MURPHY, District Judge.

Plaintiff provided dialysis services to a participant (identified as the "Patient") in Defendant's Employee Health Benefit Plan (the "Plan"). Plaintiff alleges that Defendant's decision to terminate Patient's coverage under the Plan when he became eligible for Medicare benefits because of end stage renal disease ("ESRD") violated the Medicare as Secondary Payer ("MSP") Act, 42 U.S.C. § 1395y(b), entitling...

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