Man’s Claims Against HMO Over Elder Abuse Not Preempted, Judge Rules

(January 30, 2018, 2:04 PM EST) -- LOS ANGELES — A federal judge in California on Jan. 23 ruled that a man’s lawsuit accusing a health maintenance organization (HMO) of failing to offer coverage for acute rehabilitation services following his stroke is not preempted by the Medicare Act because the allegations do not ask the court to apply principles of California law that are inconsistent with Medicare standards (Bernard Inchauspe v. SCAN Health Plan, et al., No. 17cv06011, C.D. Calif., 2017 U.S. Dist. LEXIS 216110)....

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