Judge: ERISA Preempts Some Claims Stemming From Health Care Data Disclosure

Mealey's (December 31, 2018, 12:07 PM EST) -- ORLANDO, Fla. — An individual’s claims against Aetna Life Insurance Co. (ALIC) for breach of contract, negligence and negligent infliction of emotional distress based on the disclosure of the plaintiff’s HIV status that was viewable through an envelope window are preempted by Employee Retirement Income Security Act Section 502, a federal judge in Florida ruled Dec. 27 in granting in part the insurer’s motion to dismiss, explaining that the allegations rest on the terms of the plaintiff’s plan with the insurer (John Doe v. Aetna Life Insurance Co., No. 18-cv-979-Orl-37GJK, M.D. Fla., 2018 U.S. Dist. LEXIS 216447)....