HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Tuesday, December 7, 2004

ERISA Preemption & the Hawaii Supreme Court

This from Lexis/Nexis:

A state law providing for external review when a health maintenance organization denies benefits is preempted by the Employee Retirement Income Security Act because the review process more closely resembles contract interpretation than it provides for protection of the insured by seeking an additional medical opinion, the Hawaii Supreme Court held Nov. 18 (Hawaii Management Alliance Association v. Insurance Commissioner, et al., No. 24801, Hawaii Sup.; 2004 Haw. LEXIS 750).

The opinion can be read here [Lexis subscription required] or here [slip opinion, PDF].

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