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

278 F. App'x 705

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 23, 2008
• Docket: 07-2578
• Status: Unpublished

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 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.