ERISA Preemption Denied In Calif. ER Coverage Suit

Law360, New York (May 12, 2009, 12:00 AM EDT) -- A California appeals court has ruled that the Employee Retirement Income Security Act does not preempt a state law requiring insurers to pay for emergency care provided to covered patients, reviving a suit against Blue Cross of California brought by an out-of-network hospital seeking compensation.

The Court of Appeal of the State of California on Monday overturned the trial court's decision to sustain the insurer's demurrer in a suit brought by Coast Plaza Doctors Hospital.

California law requires health care providers to give emergency care to...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.