High Court Seeks Government View On ERISA Preemption, Remedies

WASHINGTON, D.C. - The U.S. Supreme Court on June 18 invited the U.S. solicitor general to express the views of the United States regarding a Ninth Circuit U.S. Court of Appeals ruling that Section 702 of the Employee Retirement Income Security Act, enacted by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), preempts Montana's version of the law but that ERISA does not preempt a claim for relief under separate state laws governing unfair insurance practices regulating the setting of health insurance premiums (Blue Cross and Blue Shield of Montana, Inc. v. Dale Fossen, et al., No. 11-1155, U.S. Sup.; See 5/16/12, Page 6).

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