Price

ORDER RE: PLAINTIFF’S ENTITLEMENT TO RELIEF

I. INTRODUCTION

In January 2017, the Court granted Plaintiff California Insurance Guarantee Association’s (“CIGA”) motion for partial summary judgment and denied Defendants’ motion to dismiss and motion for summary judgment. (Order, EOF No. 94.) Following that Order, the parties submitted briefing on the relief to which CIGA is entitled, if any. (ECF Nos. 97-99.) For the reasons discussed below, the Court concludes that CIGA is entitled to (1) an order vacating and setting aside the three reimbursement demands at issue in this lawsuit and (2) a judicial declaration that the Center for Medicare and Medicaid Services’ (“CMS”) interpretation of the Medicare Secondary Payer statute (“MSP”) with respect to reimbursement of conditional payments is unlawful. However, the Court declines to enjoin CMS from continuing its billing and reimbursement practices at this time.

II. BACKGROUND

The Court has recited at length in prior orders the facts underlying this dispute, and thus the Court recounts only the salient facts here. Where Medicare pays benefits for a loss that is also covered by another insurance plan, the MSP requires *953 those…