Nelson Hardiman - News


June 2, 2009

Appeals Court Rules That Knox-Keene Act Statute Requiring Health Plans to Reimburse Emergency Care Providers is Saved From ERISA Preemption

Health Law Perspectives

From the article:

We recently won an important victory against health care service plans that refuse to reimburse non-contracted providers for the cost of emergency care. In Coast Plaza Doctors Hospital v. Blue Cross of California, et al., (Ct.App. 2 Dist., May 11, 2009, #B205892), the Court of Appeal ruled that a California law requiring health care service plans to reimburse providers for the cost of emergency care is not preempted by the federal Employee Retirement Income Security Act (ERISA). This means that claims brought by providers for reimbursement of the cost of emergency care services can proceed under a favorable California law.


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