|
4049 REVIEW GRANTED In an action against an HMO plaintiff joined as part of an employee benefit package based on the claim that the HMO delayed payment to medical providers causing plaintiff to be dunned by providers for payment after he had satisfied all financial obligations under the plan, some of plaintiff's causes of action were pre-empted by the federal Employee Retirement Income Security Act (ERISA), some causes of action fell under the exclusive regulatory powers of the California Department of Managed Health Care, and the rest of his claims were without merit since plaintiff eventually received the benefits to which he was entitled.
COHEN v HEALTH NET (HMO Delay) 129 CA4 841 [See: 29 USC 1001; H&SC 1340 etseq; Aetna v Davila 542 US 200; Ochs v PacifiCare 115 CA4 782, T/AT 3/04 ]
|
|