9th Circ. Kills Some Mont. Insurance Claims Under HIPAA

Law360, New York (October 19, 2011, 2:51 PM EDT) -- The Ninth Circuit ruled Tuesday that the federal health privacy law HIPAA preempted a Montana prohibition against insurers' charging members of the same group health plan different premiums, but that plaintiffs could challenge the provision under another state statute.

In the suit, decided by a three-judge appellate panel, plaintiffs Dale, Larry and Marlow Fossen had accused Blue Cross and Blue Shield of Montana Inc. of violating Montana's little HIPAA law as well as the state's unfair-trade-practices law by increasing their premiums over 40 percent for the...
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