Douglas Stalley v. Regency Hospital Company, et al, No. 07-2578 (8th Cir. 2008)
Annotate this CaseCourt Description: Civil case - Medicare. District court did not err in dismissing case under 42 U.S.C.. Sec. 1395y. See Stalley v. Catholic Health Initiatives, 509 F.3d 517 (8th Cir. 2007).
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-2578 ___________ Douglas B. Stalley, on behalf of the United States of America, * * * Appellant, * * v. * Appeal from the United States * District Court for the Regency Hospital Company, a * Western District of Arkansas. Delaware Corporation; Regency * Hospital Company, LLC, a Delaware * [UNPUBLISHED] Limited Liability Company; Regency * Hospitals, LLC, a Delaware Limited * Liability Company, * * Appellees. * ___________ Submitted: May 16, 2008 Filed: May 23, 2008 ___________ Before WOLLMAN, BRIGHT, and JOHN R. GIBSON, Circuit Judges. ___________ PER CURIAM. Douglas Stalley appeals the district court s1 dismissal of his action to recover damages allegedly owed to the United States for violations of the Medicare Secondary 1 The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas. Payer statute, 42 U.S.C. ยง 1395y (MSP). This court addressed a similar 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. _______________________ -2-
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