California Medicare Provider Says Preemption Clause Bars Elder Abuse Claims

Mealey's (May 9, 2022, 8:45 AM EDT) -- SAN FRANCISCO — A Medicare plan provider on April 18 filed a brief with the California Supreme Court asking it to affirm an appellate court’s opinion affirming the trial court’s judgment for the provider in a negligence, elder abuse and wrongful death suit filed by the son of a deceased former Medicare patient, asserting that the claims are preempted by the Medicare Act’s preemption clause....