HIPAA Preempts Florida Medical Records Law: Eleventh Circuit

In Opis Management Resources, LLC v. Secretary, Florida Agency for Health Care Administration, the US Court of Appeals for the Eleventh Circuit ruled that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) preempts a Florida law requiring nursing homes to disclose
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The exhaustion of administrative remedies is not required in an ERISA benefits case when a participant can “reasonably interpret” the plan to not require exhaustion

This case concerns the calculation of a participant’s benefit, and whether that benefit should include (among other things) an early retirement credit. The plan’s administrative procedures apply when a participant wants to “file a benefit claim,” but this parti
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Choice of Law In ERISA Disputes – How State Law May Affect Outcomes On Judicial Review

Here, the Policy contained a valid choice of law provision, which indicates that the parties intended for the Policy to be governed by Texas law to the extent that it is not preempted by ERISA. Thus, in order to decide this issue, we must ascertain how to determine whether or not to e
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