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Article: High court hears N.Y. hospital surcharge case. (U.S. Supreme Court, New York state law)
- Article from:
- National Underwriter Life & Health-Financial Services Edition
- Article date:
- January 30, 1995
- Author:
CopyrightCOPYRIGHT 1995 Summit Business Media. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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WASHINGTON--THE U.S. Supreme Court heard oral arguments earlier this month in a case which challenges a New York law that imposes hospital bill surcharges on commercial insurers and self-insureds but not on Blue Cross/Blue Shield plans.
In the case--New York Conference of Blue Cross and Blue Shield Plans v. Travelers--commercial insurers and self-insureds charged that the New York law violates the federal Employee Retirement Income Security Act.
The technical legal issue is whether the New York law "relates to" any employee benefit plan covered by ERISA. If it does, then it may be superseded by ERISA. However, the New York law can be "saved" from preemption if ...