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...
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