ERISA: No Preemption of State's HMO Law Requiring Independent Physician Review

No. 99–2574, 2000 U.S. App. LEXIS 26053 (7th Cir. Oct. 19, 1999).

Employee Retirement Income Security Act 1974 (ERISA), 29 U.S.C. § 1001 et seq. (2000).

215 Ill. Comp. Stat. 125/1–1 et seq.

See Moran , 1999 7th Cir. LEXIS 26053, at 1.

See id. at 16.

See id. at 16.

See id. at 17.

See 481 U.S. 58, 67 (1987) (holding that a state common-law action, preempted by the civil enforcement provisions of ERISA, arose under federal law and was removable to federal court).

See Moran , at 21.

See id. at 21; 29 U.S.C. § 1144(b)(2)(A).

See Moran , at 24–25.

See Moran , at 24; McCarran-Ferguson Act, 15 U.S.C. § 1011 et seq. (2000).

See Moran , at 27; § 514 (b)(2)(B); FMC Corp. v. Holliday, 498 U.S. 52, 61 (1990).

See Moran , at 27.

See FMC Corp. v. Holliday, 498 U.S. at 64.

See Pilot Life Insurance Co. v. Dedeaux, 481 U.S. 41, 57 (1987) (holding that the language, structure, and legislative history of ERISA required the conclusion that its civil enforcement provisions were meant to establish an exclusive remedy for violations related to employee benefit plans).

See 29 U.S.C. § 1132(a)(1)(B)

See Moran , at 33.

See Moran , at 34.

Id. at 38–39.

Id. at 39.

Id. at 39.

Id. at 41.