RUSH PRUDENTIAL HMO, INC. v. MORAN et al.: certiorari to the united states court of appeals for the seventh circuit

January 2009
Supreme Court Cases: The Twenty-first Century (2000 - Present);2009, p1
Legal Material
The article presents information on U.S. Supreme Court case Rush Prudential HMO Inc. v. Moral et al., case number 00-1021, argued on January 16, 2002 and decided on June 20, 2002. Petitioner denied respondent's request to have surgery by an unaffiliated specialist on the ground that the procedure was not medically necessary. The respondent made a written demand for an independent medical review of her claim based on Section 4-10 of Illinois's HMO Act. The petition refused her demand, and respondent sued in state court to compel compliant with the HMO Act. The state ordered a review and found that treatment was necessary, but petitioner denied claim. Petitioner elevated the case to District Court, which treated the suit under ERISA and denied the claim of respondent. The Seventh Circuit reversed the District Court. The U.S. Supreme Court rule that ERISA does not preempt the Illinois HMO Act and affirmed the Seventh Circuit's ruling.


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