California AG: Medicare Preemption Not ‘Categorically’ Preemptive Of State Laws

Mealey's (July 13, 2022, 8:00 AM EDT) -- SAN FRANCISCO —  A week after the California attorney general filed an amicus brief with the California Supreme Court in a negligence, elder abuse and wrongful death suit against a Medicare Advantage (MA) provider, contending that the Medicare Act’s preemption clause “does not categorically preempt” state laws, the Civil Justice Association of California on June 15 filed an amicus brief in support of the provider, arguing that the preemption clause bars the state law claims....