California Insurance Litigation Blog

California Insurance Litigation Blog

Category Archives: Preemption

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Cause of Action Asserted Against Blue Cross for Violation of Montana’s Unfair Trade Practices Act is Not Preempted by ERISA

Posted in ERISA, Health Insurance, Preemption, Unfair Business Practices/Unfair Competition
In a recent decision, the Ninth Circuit Court of Appeals ruled that ERISA does not preempt causes of action based on unfair insurance practice claims brought under Montana’s Unfair Trade Practices Act.  However, the Court did find that Montana’s so-called “little HIPAA” was preempted by federal HIPAA, which is part of ERISA.  In Fossen v. … Continue Reading

Will Healthcare Reform Affect the Rate of Claim Denials?

Posted in ERISA, Health Insurance, Legislation, News, Preemption
On Monday October 19, 2009, Lisa Girion of the Los Angeles Times reported on the healthcare reform bills being debated in Congress and their potential impact on claim denials by insurers. Girion states that, “Despite growing frustration with the way health insurers deny medical treatments, major healthcare bills pending in Congress would give patients little … Continue Reading