Plaintiffs who sue health maintenance organizations in state court face a daunting legal barrier: the Employee Retirement Income Security Act (ERISA), which governs most employer-paid medical plans. In suits involving such plans, ERISA packs a double whammy � it limits HMOs’ liability and it largely preempts state law theories of liability.
On April 9, though, the 5th U.S. Circuit Court of Appeals gave plaintiffs some ammunition against ERISA. In Giles v. NYLCare Health Plans Inc. et al., the court granted federal courts broader authority to remand negligence claims against HMOs to state courts to decide whether ERISA preempts state law. And most plaintiffs would prefer that state judges decide whether a claim is preempted, says George Parker Young, Giles’ attorney.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
