and the entity responsible for funding the plan. Cf. 42 U.S.C. § 1395y(b)(2)(B)(ii) (providing that United States authorized to recover Medicare payments via action against any entity required or responsible to pay primary). In this case, it is undisputed that Deluxe, and not John Hancock, is the party responsible for funding the group health plan through which Santana claims benefits. The Plan is self-funded by Deluxe; all claims under the Plan are paid with Deluxe funds whereas John Hancock provides administrative services, but no funds, to the Plan. Therefore, as a matter of law, Santana cannot maintain an action against John Hancock for purportedly failing to pay Plan benefits primary to Medicare. Cf. Health Ins. Assoc. of America, Inc. v. Shalala, 23 F.3d 412, 417 (D.C.Cir.1994) (<HOLDING>), cert. denied, — U.S. -, 115 S.Ct. 1095, 130
holding that recovery is limited to the portion of the medicaid recipients thirdparty recovery representing compensation for past medical expenses holding that insurance companies acting as thirdparty administrators to group health plans not subject to medicare recovery actions brought by government holding employee benefit plans that are insured are subject to indirect state insurance regulation holding that a law which regulates what terms insurance companies can place in their policies regulates insurance companies holding that a state law requiring benefit plans to include minimum benefits related to erisa plans