BIO-MEDICAL APPLICATIONS v. CENTRAL STATES HEALTH

Nos. 09-6121, 09-6169.

656 F.3d 277 (2011)

BIO-MEDICAL APPLICATIONS OF TENNESSEE, INC., Individually and as assignee of Patient, dba BMA of Kingsport, Plaintiff-Appellee/Cross-Appellant, v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 2, 2011.


Attorney(s) appearing for the Case

ARGUED: Edward H. Bogle , Central States Funds Law Department, Rosemont, Illinois, for Appellant. James F. Bennett , Dowd Bennett, LLP, Clayton, Missouri, for Appellee. ON BRIEF: Edward H. Bogle , James P. Condon , Central States Funds Law Department, Rosemont, Illinois, for Appellant. James F. Bennett , Dowd Bennett, LLP, Clayton, Missouri, Douglas T. Gibson , the Gibson Firm LLC, Marietta, Georgia, for Appellee.

MERRITT, J., delivered the opinion of the court, in which COOK, J., joined. WHITE, J., (pp. 31-34), delivered a separate concurring opinion.


OPINION

MERRITT, Circuit Judge.

Medicare costs are rising. In 1980, Congress enacted the Medicare Secondary Payer Act (the "Act") to counteract the growth of these costs. Before the Act, Medicare paid for all medical treatment within its scope and left private insurers merely to pick up whatever expenses remained. The Act inverted that system; it made private insurers covering the same treatment the "primary" payers and Medicare the "secondary" payer. This...

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