Massey v. Health First, Inc. (Summary)

MEDICARE

Massey v. Health First, Inc., No. 605CV480ORL31DAB (M.D. Fla. May 25, 2005)

A patient sued a Medicare-participating hospital after the hospital filed liens against the patient for his bills rather than submitting the bills to Medicare for reimbursement. The patient claimed he was entitled to payment under Medicare and therefore the liens were unlawful. The court held that the Medicare Act does not create a right of action for Medicare beneficiaries. It then raised the question of whether the patient was alleging a contract claim and, if so, a basis for the court’s jurisdiction over a contract claim and whether federal law governed the contract claim. The court gave a three-week grace period in which the patient could file an amended complaint to properly address these issues.