Seyfarth Synopsis: The Court of Appeals for the Ninth Circuit has once again upheld against an ERISA preemption challenge, a State private sector benefits mandate, notwithstanding that ERISA provides that the decision to...more
Seyfarth Synopsis: A recent panel decision from the Ninth Circuit rejects an ERISA preemption argument that a Seattle ordinance regulating private sector health care should be nullified in order to safeguard the ERISA...more
Seyfarth Synopsis: The Supreme Court has shown a recent reluctance, as a general matter, to expand the scope of its review. That reluctance should apply as well to cases that seek to extend the scope and enforcement of...more
Seyfarth Synopsis: The Supreme Court unanimously upheld Act 900, an Arkansas law regulating Pharmacy Benefit Managers (PBMs). The opinion could be used as a framework for states to attempt to indirectly regulate ERISA plans...more
Seyfarth Synopsis: As the Supreme Court prepares to hear oral arguments on a key case that could have major ramifications on the scope of ERISA preemption, two recent case developments show just how important the high court’s...more
8/28/2020
/ Benefit Plan Reimbursements ,
Certiorari ,
Employee Retirement Income Security Act (ERISA) ,
Pharmacy Benefit Manager (PBM) ,
Preemption ,
Rate Regulations ,
Rutledge v Pharmaceutical Care Management Association ,
SCOTUS ,
Stare Decisis ,
State Law Claims ,
WARN Act
Seyfarth synopsis: The Supreme Court has just granted certiorari in a case regarding the question of whether ERISA preempts state efforts to regulate Pharmacy Benefit Managers (PBMs). The decision will have important...more
Synopsis: Two Courts of Appeal reach opposite results on ERISA preemption, thus continuing the judicial quest for a definitive meaning of ERISA preemption. Stay tuned for more such decisions, and yet more Supreme Court...more
10/23/2019
/ Anti-Assignment Clauses ,
Appeals ,
Beneficiaries ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Health Care Providers ,
Health Insurance ,
Joint Tortfeasors ,
Medical Reimbursement ,
Motorcycle Accidents ,
Policy Terms ,
Preemption ,
Statutory Interpretation ,
Third-Party
Synopsis: HIPAA provides no federal cause of action, but alleged HIPAA violations may be remedied in state court under state negligence law....more
9/25/2019
/ Data Breach ,
Federal v State Law Application ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Motion to Dismiss ,
Negligence ,
Personally Identifiable Information ,
Pharmacies ,
PHI ,
Preemption ,
Statutory Violations
Seyfarth synopsis: Arkansas has sought certiorari on the question of the ability of states under the ERISA preemption clause to regulate the rates charged by PBMs, and the Supreme Court has asked for the input of the...more
Seyfarth Synopsis: The 2016 elections had the effect of hardening the Red-Blue divide in the country. A number of Blue cities in Red States are enacting ordinances that implement the progressive political agenda, which of...more