Court: No ERISA Preemption Of Hospital’s State Law Implied-In-Fact Contract Claims

(September 18, 2017, 2:22 PM EDT) -- LOS ANGELES — A hospital’s state law claims alleging that state and federal law governing emergency care and payment jointly create an implied-in-fact contract with an insurer do not invoke the Employee Retirement Income Security Act and thus survive preemption, a federal judge in California held Aug. 24 (Alta Los Angeles Hospitals Inc., et al. v. Blue Cross of California, et al., No. 17-3611, C.D. Calif., 2017 U.S. Dist. LEXIS 137133)....

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