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Judge Dismisses Case Alleging ACA Preemption Of California Balance-Billing Ban

Mealey's (July 16, 2015, 1:20 PM EDT) -- LOS ANGELES — A plastic surgeon’s action claiming that the Patient Protection and Affordable Care Act (ACA) preempts California’s bar on balance billing improperly places a federal court in the position of a state appeals court, a judge held July 6 in dismissing the action (Jeannette Martello v. Shelley Rouillard, et al., No. 15-1798, C.D. Calif.; 2015 U.S. Dist. LEXIS 88127).

(Opinion available. Document #93-150722-008Z.)

In December 2010, the California Department of Managed Health Care ordered plastic surgeon Jeannette Martello to cease the practice of balance...
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