Medicare Part D Fraud Claims Preempted: 9th Circ.

Law360, New York (August 31, 2010, 1:01 PM EDT) -- State law fraud and consumer protection claims against insurance companies under Part D of the Medicare Act are preempted by federal law, the U.S. Court of Appeals for the Ninth Circuit has ruled, affirming the dismissal of a putative class action against Humana Inc.

Monday's opinion by the appeals court reinstated a ruling from 2008 that reached the same conclusion. The court had withdrawn the earlier opinion in 2009 and asked the U.S. government for an amicus brief that answered whether the plaintiffs' claims were, in...
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