Burwell

ORDER ON MOTION TO DISMISS AND MOTIONS FOR SUMMARY JUDGMENT [63, 68, 87]

I. INTRODUCTION

This is an action for judicial review of Medicare reimbursement demands. At various times, the Center for Medicare and Medicaid Services (“CMS”)—which administers the federal Medicare program and the Medicare Secondary Payer statute, 42 U.S.C. § 1395y (“MSP”)—paid health benefits to three individuals. These individuals were also insured under several workers’ compensation policies administered by the California Insurance Guarantee Association (“CIGA”). Because Medicare benefits are always secondary to any other applicable insurance, CMS sought reimbursement from CIGA for some of the benefits paid. CIGA alleges, however, that CMS calculated its reimbursement liability in a manner that is contrary to the MSP and the implementing regulations, resulting in over-inclusive reimbursement demands. CIGA seeks a judicial declaration to that effect, as well as a permanent injunction barring CMS from reapplying the offending practice to future demands against CIGA. Defendants raise a litany of defenses to this action, including that: (1) CIGA’s claims are moot because CMS recently ceased efforts to…