Judge Finds Late ACA Arguments Warranted Reply; ERISA Preempts Claims
(March 15, 2016, 1:33 PM EDT) -- MIDLAND, Texas — The Employee Retirement Income Security Act (ERISA) preempts and cannot subsume state law claims involving denial of additional and alternative care, a federal judge in Texas held March 10 while also saying that late arguments regarding Patient Protection and Affordable Care Act (ACA) benefit caps opened the door for the insurer’s rebuttal evidence (Stephen A. Johnson and Mai Johnson v. United Healthcare of Texas Inc., No. 15-49, W.D. Texas; 2016 U.S. Dist. LEXIS 31311).