Civil Litigation

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Total Retaliation Cases: 1

Rush Prudential HMO, Inc. v. Moran

15 Fla. L. Weekly Fed s409 (U.S., June 28, 2002)

2002-06-28

RETALIATION

ERISA does not preempt the Illinois HMO Act, where the Act provides for an independent medical review of a denied claim for services that have not been found to be medically necessary. The Court found that the Act regulates the insurance industry and is therefore outside the scope of ERISA. The Court also focused on the fact that the process provided by the Act was not of an arbitral nature and was merely an assurance of a second opinion in necessary cases.

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