In a private cause of action brought under the Medicare Secondary Payer statute, district court judgment dismissing plaintiff's claim is affirmed where: 1) the court properly held that plaintiff lacks standing to bring the action as he alleged no direct injury to himself and any injury he suffered as a federal taxpayer was too generalized and attenuated to constitute an actual injury to himself; and 2) the Medicare Secondary Payer statute does not create a qui tam action, but rather merely enables a private party to bring an action to recover from a private insurer only where that private party has itself suffered an injury because a primary plan has failed to make a required payment to or on behalf of it.
Appeal from the United States District Court for the Eastern District of New York.
Argued January 13, 2009
Decided July 29, 2009
Before LEVAL, CABRANES, LIVINGSTON, Circuit Judges.
Opinion by LIVINGSTON, Circuit Judge.