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9th Circuit Holds ERISA Does Not Preempt Action for Reimbursement from Participants (PDF)
Harvey L. Rochman and Joanna S. McCallum, Manatt Phelps & PhillipsLink to more items from this source
Apr. 19, 2004
4 pages. Excerpt: The Ninth Circuit Court of Appeals surprised many when it ruled ... that employer-provided health plans can sue in state court to enforce provisions requiring participants to reimburse the plans for medical costs paid by third parties. Despite contrary state and district court rulings, the bold decision in Providence Health Plan v. McDowell holds that such state-court breach of contract actions are not preempted by ERISA.

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