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The American Bar Association Sections of
Business Law, Health Law, Labor and Employment Law,
Real Property, Probate and Trust Law, Taxation and Tort Trial and Insurance Practice
(under the Auspices of the ABA Joint Committee on Employee Benefits) and
The American College of Employee Benefits Counsel Present
Rush Prudential v. Moran:
The Face Off Between the States and the Feds
A 90-minute Teleconference
Thursday, July 18, 2002
1:00-2:30 pm ET / 12:00-1:30 pm CT / 11:00 am-12:30 pm MT / 10:00 am-11:30 am PT
This program has already taken place.
Audiotapes are available for $150.
For ordering information, contact Nancy Matthews at matthewsn@staff.abanet.org
or (202) 662-8640.
Ref. #JCEBT02RM
This program will focus on how this decision will affect ERISA preemption analysis in future cases, the scope of ERISA's insurance saving clause, the remedies that are available under ERISA, and whether there is anything left to UNUM v. Ward's footnote 7 analysis. The Supreme Court has agreed to take up ERISA's preemption of "Any Willing Provider" statutes in its next term. How will Moran factor into that analysis?
Topics Include:
- The future of state regulation of medical decisions in managed care
- Wending carefully between the majority and dissent in this 5-4 decision
- Whether this is an expansion or contraction of ERISA preemption
- Are there any principles to be gleaned from this decision applicable outside the health care arena?
Moderator
Mary Ellen Signorille, Senior Attorney, AARP Foundation Litigation, Washington, DC
Speakers
Steven B. Larsen, Commissioner, Maryland Insurance Administration, , Baltimore, MD;
Member and Health and Managed Care Committee chair, National Association of Insurance Commissioners
M. Patricia Smith, Assistant Attorney General, Bureau Chief of Labor,
State of New York; Counsel for the State of New York in Travelers and DeBuono
Catherine Stetson, Partner, Hogan & Hartson LLP; Counsel for Rush Prudential,
Washington, DC
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