ERISA preempts Arkansas Patient Protection Act of 1995
Article Abstract:
The US District Court for the Eastern District of Arkansas ruled in Prudential Insurance Co. of America v. National Park Medical Center that the Employee Retirement Income Security Act (ERISA) preempted provisions of the Arkansas Patient Protection Act. The provisions found to be preempted involved the right of health plan participants to choose among health care providers. The Court also found that the state law did not regulate the business of insurance and was therefore not exempt from ERISA preemption under the savings clause.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1997
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ERISA preempts New York law imposing surcharges on in-patient hospital rates for commercial insurers and HMOs
Article Abstract:
Travelers Insurance Co v Cuomo adds to the group of federal court cases finding that ERISA preempts state laws regarding medical insurance. The plaintiffs challenged New York laws adding surcharges to the hospital rates for patients covered by insurance companies other than Blue Cross and Blue Shield. The court ruled in favor of preemption, ruling that the surcharges are connected to ERISA plans even though no specific reference is made.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1993
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ERISA preempts D.C. law requiring health insurance for injured employees eligible for workers' compensation
Article Abstract:
The US Supreme Court held in District of Columbia v Greater Washington Board of Trade that ERISA 514(a) preempted the District of Columbia's Workers' Compensation Equity Amendment Act of 1990 which required employers providing employee health insurance to provide equivalent coverage for injured employees qualifying for workers' compensation.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1993
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