U.S. Court of Appeals for the Eighth Circuit, 2008

Stalley Ex Rel. United States v. Regency Hospital Co.

Stalley Ex Rel. United States v. Regency Hospital Co.
U.S. Court of Appeals for the Eighth Circuit · Decided May 23, 2008 · Wollman, Bright, Gibson
278 F. App'x 705

Stalley Ex Rel. United States v. Regency Hospital Co.

Opinion

PER CURIAM.

Douglas Stalley appeals the district court’s 1 dismissal of his action to recover damages allegedly owed to the United States for violations of the Medicare Secondary Payer statute, 42 U.S.C. § 1395y (MSP). This court addressed a similar *706 appeal brought by Stalley in Stalley v. Catholic Health Initiatives, 509 F.3d 517, 519 (8th Cir. 2007), and concluded that the suit authorized by the MSP was a “private cause of action, which‘requires plaintiff to have standing in his own right, rather than a qui tam statute, which allows plaintiff to assert injury to the United States.” The court’s dismissal was proper. Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.

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