Mealey's Labor & Employment - Hawaii Statutes Do Not Expand Scope Of Liability Under ERISA; No Reimbursement Owed

HONOLULU - The Ninth Circuit U.S. Court of Appeals on Sept. 11 affirmed a district court's ruling that two Hawaii statutes that prohibit a health insurer's subrogation rights are not preempted under the Employee Retirement Income Security Act and provide the relevant rule of decision because the statutes do not impermissibly expand the scope of liability under ERISA (Randy Rudel v. Hawaii Management Alliance Association, et al., Nos. 17-17395, 17-17460, 9th Cir., 2019 U.S. App. LEXIS 27371).
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