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TARANSKY v. SECRETARY OF HEALTH & HUMAN SERV'S

No. 13-3483.

760 F.3d 307 (2014)

Cecelia A. TARANSKY, Individually and on behalf of all persons similarly situated, Appellant v. SECRETARY OF the UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; United States Department of Health and Human Services; United States of America.

United States Court of Appeals, Third Circuit.

Filed: July 29, 2014.

Attorney(s) appearing for the Case

Franklin P. Solomon , [Argued], Alan H. Sklarsky , Williams Cuker Berezofsky, Cherry Hill, NJ, Joseph A. Venti , Williams, Cuker & Berezofsky, Philadelphia, PA, Attorneys for Plaintiff-Appellant.

Daniel Tenny , [Argued], United States Department of Justice, Washington, DC, Karen D. Stringer , Office of United States Attorney, Newark, NJ, Attorneys for Defendant-Appellees.

Before: HARDIMAN, SLOVITER and BARRY, Circuit Judges.

OPINION

HARDIMAN, Circuit Judge.

This appeal arises under the Medicare as a Secondary Payer Act (MSP Act), 42 U.S.C. § 1395y(b)(2). Appellant Cecelia A. Taransky, a Medicare beneficiary, contends that she is not required to reimburse the Government1 for conditional medical expenses that it advanced on her behalf. We disagree.

I

Medicare is a federal entitlement...

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