UnitedHealthcare Says State Laws Regulating MA Plan ‘Standards’ Are Preempted

Mealey's (March 24, 2023, 6:55 PM EDT) -- SAN FRANCISCO — A California Medicare Advantage (MA) provider filed a supplemental brief with the California Supreme Court in a negligence, elder abuse and wrongful death suit filed against it, contending that state laws purporting to regulate MA plans are preempted as confirmed by the First Circuit U.S. Court of Appeals in Medicaid & Medicare Advantage Products Association of Puerto Rico, Inc. v. Emanuelli Hernández, which found, in part, that the legislative history of the Medicare Advantage Act’s preemption clause shows the intent to expand preemption....