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Plaintiff lacks standing to sue for Medicare fraud

A plaintiff lacked standing to sue on behalf of the federal government to recover Medicare payments made for services allegedly covered by private health insurance, the 2nd Circuit has ruled in affirming a dismissal. The Medicare Secondary Payer statute contains a private cause of action provision. Under 42 U.S.C. §1395y(b)(3)(A), a private party can sue to recover from a primary health insurer amounts the insurer was required, but failed, to pay for medical services provided to a beneficiary under the Medicare program.