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Home / Opinion Digests / Insurance – ERISA – Preemption – Preferred Provider (access required)

Insurance – ERISA – Preemption – Preferred Provider (access required)

Where the hospital sued Aetna, alleging that Aetna had unlawfully excluded plaintiff hospital from Aetna's "preferred provider organization" and failed to comply with Va. Code § 38.2-3407, a Virginia statute regulating PPOs, the federal ERISA statute does not preempt the Virginia statute because ERISA's "savings clause" applies to the Virginia insurance statute. District court decision ...